Application by George Abyad
What happened
the Applicant applied to the Fair Work Commission for a stop bullying order against Yarra Journey Makers Pty Ltd (trading as Yarra Trams). He alleged certain employees engaged in bullying conduct. the Applicant’s employment ended on June 16, 2026. The Commission initially offered him the chance to discontinue the application due to his termination, but he declined. the Respondent sought dismissal of the application.
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’s employment had ended, meaning there was no ongoing risk of future bullying. Section 789FF(1)(b)(ii) of the Fair Work Act requires a risk of continued bullying for a stop bullying order to be made. The Commission did not find that risk existed.
What it means for employers
Employers should be aware that the jurisdiction to issue a stop bullying order requires a risk of future bullying. The end of an employment relationship can remove that jurisdiction, even if past bullying occurred. This highlights the importance of addressing bullying complaints promptly and thoroughly.
What it means for employees
Employees seeking a stop bullying order should be aware that their application may be dismissed if their employment ends. The Fair Work Commission must be satisfied there is a risk of future bullying for a stop bullying order to be granted.
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