Application by the Applicant
Citation: [2026] FWC 1763
What happened
The Applicant applied to the Fair Work Commission seeking an order to stop bullying related to a workers’ compensation claim. She claimed she was not fit to work with certain individuals and there was a risk of further bullying. The application was heard by the Commissioner.
What was decided
The Fair Work Commission dismissed the Applicant’s application. The Commissioner found that she was fit to work with the named individuals and that there was no risk of further bullying. The decision references previous cases and focuses on the requirements for establishing a bullying claim.
What it means for employers
Employers should ensure they have processes for addressing workplace bullying complaints and consider the evidence carefully when assessing claims. The Commission’s decision highlights the importance of demonstrating a risk of further bullying for an order to be made.
What it means for employees
Employees making bullying complaints should be prepared to provide evidence of a risk of further bullying. The Commission will assess whether an employee is fit to work with others in the workplace.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →