Application for an order to stop bullying L.M.

[2023] FWC 1058 Fair Work Commission 2023-01-01

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Commissioner Mckinnon

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Concept tags · 4

[P]Stop-bullying orders (FWC) [P]Stop-bullying orders (WAIRC) [S]Unfair dismissal (WA) [S]Unfair dismissal (federal)

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Archived text (262 words)

1 Fair Work Act 2009 s.789FC - Application for an order to stop bullying L.M. (AB2023/55) COMMISSIONER MCKINNON SYDNEY, 16 MAY 2023 Application for an order to stop bullying [1] On 26 March 2023, L.M. applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act). The form was not accompanied by payment of the required filing fee. [2] On 31 March 2023, the Commission contacted L.M. about paying the required filing fee or applying for a waiver of the filing fee. On 11 April 2023, L.M. informed the Commission that he was facing losing his job and while he wished to proceed with his application, he was hesitant to do so. On 26 April 2023, the Commission tried without success to contact L.M. in relation to the application. No subsequent contact has been received from L.M. and the filing fee remains unpaid. No application to waive the filing fee has been made. [3] Section 587(1) of the Act provides: “587 Dismissing applications (1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if: (a) the application is not made in accordance with this Act; or (b) the application is frivolous or vexatious; or (c) the application has no reasonable prospects of success.” [4] In the circumstances, the appropriate course is to dismiss the application because it is not made in accordance with the Act. [5] The application is dismissed. COMMISSIONER [2023] FWC 1058 DECISION [2023] FWC 1058 2 Printed by authority of the Commonwealth Government Printer <PR761637>