Application by the Applicant
At a glance
- 1
What happened
the Applicant applied to the Fair Work Commission for a stop bullying order against GS Diamonds (Melbourne) Pty Ltd. She alleged bullying by employees and resigned on June 26, 2026, to avoid the working environment. The Commission initially offered to let her discontinue the application due to her resignation, but she requested the Commission determine the jurisdictional issue. The company was her employer at the time.
What was decided
The Fair Work Commission dismissed the Applicant’s application for a stop bullying order. The Deputy President found the Commission lacked jurisdiction because the Applicant is no longer employed by GS Diamonds. The Commission must be satisfied there is a risk of continued bullying, which is absent given her resignation. The application was dismissed under section 789FF of the Fair Work Act 2009.
What it means for employers
Employers should be aware that Fair Work Commission jurisdiction for stop bullying orders requires a risk of future bullying. Resignation can remove that risk, impacting the ability to enforce such orders.
What it means for employees
Employees seeking stop bullying orders should understand that resignation can impact the Fair Work Commission’s ability to hear the case, particularly if it removes the risk of future bullying.
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