1 Fair Work Act 2009 s.789FC - Application for an order to stop bullying Lisa Liang (AB2025/622) COMMISSIONER MCKINNON SYDNEY, 10 DECEMBER 2025 Application for an order to stop bullying at work – whether application has reasonable prospects of success [1] On 29 July 2025, Ms Lisa Liang applied for orders to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act). The application was made in relation to her employment as Executive Director of Regional Development Australia Brisbane Incorporated (RDAB) and alleged bullying at work by the Chair of RDAB, Mr Keiren Dell. [2] On 22 August 2025, RDAB advised Ms Liang that her employment was terminated on the grounds of frustration of contract. This followed the issue of a notice by the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts (Queensland) (the Department) on 28 July 2025 to remove Ms Liang from activities relating to a funding agreement between the Department and RDAB. The effect of the Notice was that Ms Liang was no longer able to perform any of the functions of her role (because RDAB relies on funding from the Department to operate, and its activities are all related to the funding agreement). [3] Ms Liang received notice of termination from RDAB by email on 22 August 2025. Although she questions whether the termination decision was validly made under the RDAB’s rules and does not accept the email as a valid termination of her employment, the notice of termination was effective to bring the employment to an end (but not retrospectively). I find that Ms Liang’s employment terminated on 22 August 2025. This was when the termination of employment was clearly communicated to Ms Liang by RDAB, even though I accept that she was prevented from performing her role much earlier. [4] The termination of employment followed a direction from the Department that Ms Liang be removed from the activities required of her as Executive Director. This was a matter outside the control of RDAB, and there is no indication on the evidence that the Department’s directive is likely to, or will, be revoked or altered. [5] Further, Ms Liang has provided medical evidence from a psychologist in relation to her employment with the RDAB. The certificate recommends that Ms Liang “not return to work”. Other medical evidence in the form of work capacity certificates up to 29 September 2025 [2025] FWC 3789 DECISION [2025] FWC 3789 2 indicate that as of that time, Ms Liang had ‘no functional capacity for any type of work’. If this situation is only temporary, the medical evidence does not yet say so. [6] Finally, correspondence between Ms Liang and Mr Dell indicates a significant breakdown in the relationship between them. In circumstances where Ms Liang was Executive Director of RDAB, and its Chair was and continues to be Mr Dell, the likelihood of any restoration of the employment relationship appears to me to be quite low. [7] The result is that Ms Liang is no longer at a worker, or at work in the business, of RDAB and is no longer interacting with Mr Dell in any work context. I am not satisfied at this time that there is a risk that Ms Liang will continue to be bullied at work by Mr Dell while she is at work in RDAB. I am also not satisfied that there is any reasonable prospect of this position changing in the future. It follows that the Commission could not make any orders in the matter, and Ms Liang’s application for orders to stop bullying at work has no reasonable prospects of success.1 Other matters [8] Ms Liang applied for an unfair dismissal remedy on the basis that ‘if she was dismissed’, the Commission could order an unfair dismissal remedy in her favour. That application has now been withdrawn in connection with whether Ms Liang’s earnings were over the high-income threshold and it is not necessary to deal with a related application to stay these proceedings. Order [9] The application (AB2025/622) is dismissed under section 587(1)(c) of the Act. COMMISSIONER Appearances: Ms L Liang on her own behalf (formerly represented by GLR Law). Ms J Minchinton of IRIQ Law for the respondent. Hearing details: Sydney (by video using Microsoft Teams): October 29 December 10. Printed by authority of the Commonwealth Government Printer <PR794879> 1 Shaw v Australian and New Zealand Banking Group Limited & Anor [2014] FWC 3408.