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

Application for an FWC order to stop bullying - Applicant resigned - Application has no reasonable prospects of success - Application dismissed

• [1] Mrs Jogia (the Applicant) on 22 March 2025 lodged with the Commission an application pursuant to s.789FC of the Fair Work Act 2009 (Cth) (the Act) for orders that bullying that she alleged was occurring in her workplace stop (the Application). The Respondents to that application included the Applicant's employer Belgravia Leisure Group (Belgravia) and the Applicant's manager.

• [2] On 14 April 2025, the Applicant sent to Belgravia, copying my chambers, a resignation letter dated to take effect on 28 April 2025. The following day Belgravia responded (again copying my chambers) accepting the Applicant's resignation effective 28 April 2025.

• [3] On 24 April 2025 my chambers raised with the parties the jurisdictional concern raised by the applicant's resignation and sought an indication of whether Mrs Jogia would be discontinuing the application.

• [4] The Applicant advised my chambers that the application was pressed. Acknowledging her resignation, the applicant nonetheless invited the Commission to "exercise its discretion" to proceed absent jurisdiction.

• [5] The matter was listed for Directions on 2 May 2025. Despite correspondence between the Applicant and my chambers regarding that listing the Applicant did not appear. A representative of Belgravia did appear and confirmed that the resignation had come into effect and that the Applicant was no longer employed.

• [6] Later that day I issued further Directions raising with the Applicant my view that the Commission had no jurisdiction to deal with the application where she was no longer employed and, subject to any views the Applicant might wish to put by 9 May 2025, my intention to dismiss the matter.

• [7] The Applicant has made no submissions opposing the dismissal of the application.

• [8] I am satisfied that where the Applicant has resigned there is no basis upon which the Commission might make an order to stop bullying. Accordingly, the application has no prospects of success.

• [9] I note that the Applicant did express that she felt the resignation was forced upon her by the circumstances of the conduct she alleged in the Application. In those circumstances there are other avenues open to her.

• [10] Being satisfied the application has no prospects of success and having afforded the Applicant ample opportunity to argue otherwise I exercise my discretion under s. 587(1)(c) of the Act to dismiss the application.

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