[1] Shaw v Australian and New Zealand Banking Group Limited & Anor

s.789FC - Application for an order to stop bullying

Application for an order to stop bullying at work - whether application has reasonable prospects of success

[1] On 1 February 2026, Ms Olivia van Rugge applied for an order to stop bullying at work under s.789FC of the Fair Work Act 2009 (the Act). The application was made in relation to Hundreds of Ways Pty Ltd t/as Peak Physio (Peak Physio) and a person with whom Ms van Rugge interacted while at work in the business of Peak Physio.

• [2] On 16 January 2026, Ms van Rugge resigned from her employment. It is not in dispute that Ms van Rugge is no longer at work in the business of Peak Physio and that she is no longer interacting with the individual named in the application in any work context. The Commission could not make any orders in the matter. Accordingly, Ms van Rugge's application for orders to stop bullying at work has no reasonable prospects of success.[1]

[3] The application (AB2026/71) is dismissed under section 587(1)(c) of the Act.

[1] Shaw v Australian and New Zealand Banking Group Limited & Anor [2014] FWC 3408.

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