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Application for an order to stop bullying B.H.

[2023] FWC 1183 Fair Work Commission 2023-01-01
Source
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)
Archived text (223 words)
1 Fair Work Act 2009 s.789FC - Application for an order to stop bullying B.H. (AB2023/94) COMMISSIONER MCKINNON SYDNEY, 25 MAY 2023 Application for an order to stop bullying [1] On 6 April 2023, B.H. 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. On 12 April 2023, the Commission tried without success to contact B.H. in relation to the application. On 13 April 2023, B.H. emailed the Commission to advise that she would call the following day. Further unsuccessful attempts were made to contact B.H on 14 and 24 April 2023 and 5 May 2023. The application remains incomplete and cannot be progressed. [2] 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.” [3] In the circumstances, the appropriate course is to dismiss the application because it is not made in accordance with the Act. [4] The application is dismissed. COMMISSIONER Printed by authority of the Commonwealth Government Printer <PR762043> [2023] FWC 1183 DECISION