Application by Timb Hoswell
Citation: [2026] FWC 2740
At a glance
- Employees affected
- 1
What happened
the Applicant, a teacher at Caroline Chisholm School in the Australian Capital Territory (ACT) Education Directorate, filed an application with the Fair Work Commission alleging he was being bullied by three named individuals. He claimed the bullying included gender-based insults and allegations related to his gender identity and car maintenance. The ACT Education Directorate terminated the Applicant's employment on 11 June 2026. The Directorate applied to have the Applicant’s application dismissed, arguing he is no longer employed and therefore there is no risk of continued bullying.
What was decided
The Fair Work Commission dismissed the Applicant's application for a stop bullying order. the Commissioner found that because the Applicant is no longer employed by the ACT Education Directorate, the Commission cannot be satisfied that there’s a risk he will continue to be bullied at work. The Commission agreed with the Territory’s argument that his application had no reasonable prospects of success under section 789FC of the Fair Work Act. the Commissioner noted the Applicant's arguments regarding sexual harassment were misplaced and irrelevant to the dismissal.
What it means for employers
Employers should be aware that a worker must currently be employed for a stop bullying order to be enforceable. Termination of employment significantly weakens an application’s prospects of success, even if reinstatement is sought later. Employers should also ensure any allegations against employees are handled fairly and professionally.
What it means for employees
Employees seeking a stop bullying order need to remain employed by the relevant employer for the application to proceed. If an employee's employment ends, their ability to obtain this type of remedy is severely limited. Claims relating to sexual harassment do not automatically prevent dismissal of an application.
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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 →