Bohle [2025] FWC 1877 (2 July 2025)

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

• [1] On 27 May 2025, Mr Heinrich Hermann Bohle 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 the International Convention Centre Sydney (ICC Sydney) and persons with whom Mr Bohle interacted while at work in the business.

• [2] On 29 June 2025, Mr Bohle's employment ended by way of redundancy. Mr Bohle is now no longer interacting with the individuals named in the application in any work context and this is unlikely to change at least for some time. On 30 June 2025, Mr Bohle lodged an application for an unfair dismissal remedy which is separately before the Commission. While Mr Bohle has advised that he is seeking reinstatement to his former position, the claim as it stands is speculative.

• [3] In the circumstances, I consider that Mr Bohle's application for orders to stop bullying at work has no reasonable prospects of success.[1] If Mr Bohle succeeds in obtaining a remedy of reinstatement in connection with his unfair dismissal claim, and he again becomes eligible to apply for orders to stop bullying at work, he can make a further application to the Commission at the appropriate time.

• [4] The application (AB2025/429) 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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