Amanda Frazer v Adam Sassi, Daniela Brown, Capitol Health Limited
Commissioner Mirabella
Not yet cited by other cases
Applicant: Amanda Frazer
Respondent: Adam Sassi, Daniela Brown, Capitol Health Limited
Ratio
The applicant's stop-bullying application was dismissed because she had been made redundant and was no longer at work in the business of the respondent, meaning there was no present or reasonably foreseeable risk of continuing bullying and the Commission could not make any orders under s.789FC.
Outcome
Against applicant
dismissed
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 5
- Ms Frazer applied for a stop-bullying order under s.789FC on 19 June 2024
- Ms Frazer had been on long-term sick leave since 15 December 2023
- Ms Frazer was made redundant from her employment with Capitol Health Limited
- Ms Frazer informed the FWC of her redundancy on 10 January 2025
- Following redundancy, Ms Frazer was no longer at work in the business of Capitol Health Limited
Factors
For
Against
- Applicant no longer employed and not at work in the business
- No present or reasonably foreseeable risk of continuing bullying
- No jurisdiction to make orders under s.789FC where applicant is not a worker in the workplace
Legislation referenced
- Fair Work Act 2009 (Cth) s.789FC
- Fair Work Act 2009 (Cth) s.587(1)(c)
Concept tags · 3
Principles · 2
articulates para 3
The FWC has no jurisdiction to make stop-bullying orders under s.789FC where the applicant is no longer at work in the business and there is no present or reasonably foreseeable risk of continuing bullying.
cites para 3
A stop-bullying application has no reasonable prospect of success where the applicant is no longer at work in the business and there is no present or reasonably foreseeable risk.
Cases cited in this decision · 1
Cited
[2024] FWC 3408
— Application by Kent Gardner
"…ion 587(1)(c) of the Act. [5] The application is dismissed. COMMISSIONER Printed by authority of the Commonwealth Government Printer [2025] FWC 335 DECISION [2025] FWC 335 2 <PR784055> 1 Shaw v Australian and New...…"
Archived text (254 words)
1 Fair Work Act 2009 s.789FC - Application for an order to stop bullying Amanda Frazer v Adam Sassi, Daniela Brown, Capitol Health Limited (AB2024/461) COMMISSIONER MIRABELLA MELBOURNE, 6 FEBRUARY 2025 Application for an FWC order to stop bullying [1] On 19 June 2024, Ms Frazer applied for an order to stop bullying at work under s.789FC (the Application) of the Fair Work Act 2009 (the Act). The Application was made in relation to Capital Health Limited and persons with whom Ms Frazer worked with while she was at work in the business of Capital Health Limited. [2] Ms Frazer had been on long term sick leave since 15 December 2023. On 10 January 2025, Ms Frazer informed Chambers that she had been made redundant from her employment with Capital Health Limited. [3] The consequence of the redundancy is that Ms Frazer is no longer at work in the business of Capital Health Limited. Accordingly, there is no present or reasonably foreseeable risk of her continuing to be bullied at work or in the business. The Commission could not make any orders in this matter and for that reason, Ms Frazer’s Application has no reasonable prospect of success.1 [4] In the circumstances, the appropriate course is to dismiss the application under section 587(1)(c) of the Act. [5] The application is dismissed. COMMISSIONER Printed by authority of the Commonwealth Government Printer [2025] FWC 335 DECISION [2025] FWC 335 2 <PR784055> 1 Shaw v Australian and New Zealand Banking Group Limited & Anor [2024] FWC 3408.