Application by the Applicant
Citation: [2026] FWC 3033
At a glance
- Employees affected
- 1
What happened
The Applicant applied to the Fair Work Commission on July 7, 2026, seeking an order to stop bullying at work. The application named DHL Express (Australia) Pty Ltd and individuals he interacted with while employed there. Shortly after, on July 14, 2026, DHL terminated the Applicant's employment. He is no longer working for or interacting with DHL.
What was decided
The Fair Work Commission dismissed the Applicant’s application under section 587(1)(c) of the Fair Work Act 2009. The Commissioner found that, because the Applicant is no longer employed by DHL and does not interact with the named individuals in a work context, the application has no reasonable prospects of success. The Commission cannot make orders to stop bullying when the applicant is no longer affected.
What it means for employers
Employers should be aware that Fair Work Commission applications for anti-bullying orders require an ongoing workplace relationship between the applicant and respondent. Termination of employment can render such applications moot.
What it means for employees
Employees experiencing bullying at work should understand that seeking a Fair Work Commission order to stop bullying requires them to still be employed by, or interacting with, the alleged bullies in a work context.
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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 →