Gibbs [2025] FWC 2421 (20 August 2025)

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

• [1] On 8 May 2025, Ms Christine Gibbs 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 Granny's Bonnet Pty Ltd as Trustee for the Aquilegia Family Trust trading as Lazy Moes Bendigo (Lazy Moes) and a person with whom Ms Gibbs interacted while at work in the business of Lazy Moes.

• [2] Ms Gibbs has not worked for the business since her last shift on 4 May 2025. On the information before me, and on or about 16 May 2025, Ms Gibbs advised the business that she would not be returning. As things presently stand, Ms Gibbs is no longer at work in the business of Lazy Moes and is no longer interacting with the individual named in the application in any work context. In the circumstances, I am not satisfied that there is any risk that Ms Gibbs will continue to be bullied at work as alleged in her application. It follows that the Commission could make any orders in the matter and the application has no reasonable prospects of success.[1]

• [3] The application (AB2025/382) 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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