George [2025] FWC 1035 (24 April 2025)

Application for an order to stop bullying at work - applicant not a "worker" at the time of application

• [1] On 19 March 2025, Ms Suzanne George 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 Epiroc Australia Pty Ltd (Epiroc) and a person with whom Ms George interacted while at work in the business of Epiroc.

• [2] Ms George was made redundant on 21 March 2025. It is not in dispute that Ms George is no longer at work in the business of Epiroc and that she is no longer interacting with the individual named in her application in any work context. Ms George is seeking reinstatement to her former role through a separate general protections application involving dismissal. Although the possibility of reinstatement cannot be excluded, it is speculative in the sense that it relies on a successful outcome in court proceedings (or in a consent arbitration of the general protections claim in the Commission). Without the consent of Epiroc, Ms George will need to pursue the matter through the courts and the outcome will not be known for many months or even years. Meanwhile, at the present time, the Commission could not make any orders in the matter. It follows that Ms George's application for orders to stop bullying at work has no reasonable prospects of success.[1]

The application (AB2024/232) 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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