Application by Miriam Aiken
Citation: [2026] FWC 2895
At a glance
- Employees affected
- 1
What happened
The Applicant applied to the Fair Work Commission on April 13, 2026, seeking an order under section 789FC of the Fair Work Act 2009 to stop bullying at PJAYS Pty Ltd. The application named PJAYS and individuals the Applicant interacted with during her employment. However, the Applicant had already resigned from her position at PJAYS and no longer interacts with those individuals in a work context.
What was decided
The Fair Work Commission dismissed the Applicant’s application to stop bullying. Commissioner McKinnon found that because the Applicant is no longer employed by PJAYS and does not interact with the named individuals, the application has no reasonable prospects of success. The decision references Shaw v Australian and New Zealand Banking Group Limited & Anor [2014] FWC 3408. The Commission dismissed the application under section 587(1)(c) of the Fair Work Act.
What it means for employers
Employers should be aware that workplace bullying complaints may become moot if an employee has already resigned and no longer interacts with the alleged perpetrators in a work context. This highlights the importance of addressing bullying promptly to prevent escalation and potential legal action, even if it doesn't always result in formal orders.
What it means for employees
Employees experiencing bullying should consider whether continued employment is possible before pursuing legal action. Resigning may impact their ability to obtain certain remedies from the Fair Work Commission, as demonstrated by this case. Seeking early advice about options is recommended.
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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 →