Rage Yassir [2025] FWC 3435 | Case summary

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

Fair Work Commission|2025-11-18

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

Application for an FWC order to stop bullying - Applicant has relocated interstate and will no longer work with Person Named - No ongoing relationship between Applicant and Person Named - No risk that the Applicant will continue to be bullied at work - No power to make order - Application has no reasonable prospects of success - Application dismissed.

[1] On 20 August 2025, Mr Rage Yassir made an application to the Fair Work Commission (the Commission) for an order to stop bullying pursuant to s.789FC of the Fair Work Act 2009 (the Act). Further, on 1 September 2025, Mr Yassir made an application pursuant to s.372 of the Act.

[2] Mr Yassir works at a Woolworths supermarket in Brisbane. In his application for an order to stop bullying, Mr Yassir named Ms AB, who at the time of filing was employed by Woolworths as an Assistant Department Manager. The background to these applications and Mr Yassir's employment with Woolworths is set out in a decision issued by me in which I dismissed Mr Yassir's application for me to recuse myself from dealing with his applications.[1] Mr Yassir sought permission to appeal my recusal decision, which was denied by a Full Bench of the Commission on 24 October 2025.[2]

[3] Following the Full Bench's decisions, I continued to deal with Mr Yassir's applications. On 29 October 2025, Ms Malinda Price, Employee Relations Manager of Woolworths sent an email to my chambers which relevantly stated as follows:

"With respect to the Stop Bullying Dispute, I wish to make the commission aware of some updates since our submissions to the matters. Firstly that we have completed and closed the internal investigation, and secondly, that unrelated to the internal investigation or this dispute, the name Respondent, [Ms AB], is changing roles and therefore will no longer have any crossover with the Applicant, Rage Yassir.

In this context Woolworths is of the view that there is no longer any risk to the Applicant and we will put that submission forwards if this matter proceeds."

[4] Noting Ms Price's correspondence, my chambers sent an email to the parties on 31 October 2025, which relevantly stated:

"The Commissioner notes the statement made by Ms Price that [Ms AB] has changed roles and will no longer have any crossover with Mr Yassir. The Employer is directed to file a signed witness statement of an authorised person with knowledge of this issue, explaining how there is no risk of crossover and how it is asserted that there is no future risk of Mr Yassir being bullied by [Ms AB]. This witness statement is to be filed and served on Mr Yassir by no later than 4:00pm on Friday, 7 November 2025.

Following receipt of the witness statement, if the Commissioner is satisfied that there is no future risk of [Ms AB] and Mr Yassir working together, the Commissioner is likely to dismiss Mr Yassir's application in AB2025/688 on the basis that s.789FF(1)(b)(ii) of the Act cannot be met. That is, if there is no risk that Mr Yassir will continue to be bullied at work by [Ms AB], it is not possible to make orders to stop bullying. Accordingly, the Commissioner would dismiss the application pursuant to s.587(1)(c) of the Act, there being no reasonable prospects of success. Upon receipt of the above witness statement, Mr Yassir will be consulted in respect of his views."

[5] On 7 November 2025, Woolworths filed a witness statement of Mr Ashley Still, Store Manager. In his witness statement, Mr Still gave evidence that Mr Yassir is a Store Team Member working in the Customer Service and Online departments. Mr Yassir's agreed standard roster is 10:30am to 6:15pm on Saturday, and 1:00pm to 6:00pm on Sunday.

[6] Mr Still stated that on 27 October 2025, Ms AB stepped down from the Assistant Department Manager role and moved into a Store Team Member role, working Monday to Friday, commencing on 10 November 2025. Mr Still stated that based on their standard rosters, Mr Yassir and Ms AB would not have any crossover of shifts. Mr Still acknowledged that Ms AB may, from time to time, be required to work a weekend shift. In this case, Mr Still stated that she would not be offered shifts overlapping with Mr Yassir.

[7] On 10 November 2025, Mr Yassir filed a witness statement in relation to his anti-bullying application. In his statement, Mr Yassir levelled further accusations of bullying against Ms AB and other Woolworths employees. Stating that returning to his current role "would be unsafe and harmful to both my physical health and mental wellbeing", Mr Yassir made the following proposition for resolution of the matter:

The relocation of my employment to either Woolworths Eagle Vale (Western Sydney near Campbelltown or Woolworths Narellan (Western Sydney-NSW)

Equivalent terms, pay, and seniority
Commencement date (to be no later than four (4) weeks from approval); and
Continued Special Leave Payment until commencement at the relocated Woolworths Store
Assurance of no retaliation or adverse employment changes

Upon written confirmation of the above, I will consider all the legal matters before the commission:

Fully resolved and withdraw all outstanding claims, including my General Application Not involving Dismissal.

Mark the case as CLOSED (by mutual resolution)."

[8] In a further email to the Commission and Woolworths sent on 11 November 2025, Mr Yassir stated that he had relocated to Campbelltown, New South Wales. Accordingly, my chambers sent the following correspondence to the parties on 11 November 2025:

The Commissioner confirms receipt of the Applicant's statement, including his proposal to resolve the matters. The Commissioner further notes that the Applicant now resides in Campbelltown, NSW.

The Commissioner seeks the views of the Employer in relation to the Applicant's proposal, to be received by no later than 4:00pm (Qld Time) on Monday, 17 November 2025.

In respect of the matter in AB2025/688, the Commissioner holds the view that if the Applicant has relocated to NSW and will no longer work with the Person Named, the application will be dismissed unless it is withdrawn by the Applicant."

[9] The same day, Mr Yassir responded, confirming that he would withdraw all matters upon receiving confirmation from Woolworths that his proposal had been agreed. In this correspondence, Mr Yassir stated:

"I further confirm the following matters for the record:

I have permanently relocated to Campbelltown, New South Wales.

I am no longer rostered, scheduled, or required to work with the respondent, [Ms AB].

There is no ongoing reporting line, supervision, or workplace interaction with [Ms AB], and

My updated residential and correspondence address in the Woolworths SuccessFactors system reflects this change (as previously notified and evidenced).

In light of the foregoing, and in the interest of promoting finality and efficiency in these proceedings, I hereby confirm that I will be withdrawing the application in matter AB2025/688 (effective immediately), conditional upon receiving a positive response to my proposal as outlined in my summary statement document."

[10] On 14 November 2025, Woolworths provided a response to Mr Yassir, rejecting his proposal. In its response, Woolworths stated:

"While we are committed to finding a mutually acceptable resolution, we must formally advise that the specific terms of the proposal outlined in your statement, including the relocation to Woolworths Eagle Vale store or Woolworths Narellan store under equivalent terms and pay, and the continuation of Special Leave Payment until commencement, cannot be accepted for the following reasons:

You are currently contracted and employed at the Woolworths Indooroopilly store as a part-time team member, rostered to work on Saturdays and Sundays.
If a team member wishes to transfer their employment to another store, the onus is on the team member to secure a transfer with the store they wish to transfer to.
Furthermore, there needs to be a current vacancy within the store a team member is seeking to transfer to. Therefore, we cannot provide any guarantee regarding the role, available roster hours, or department
You have already been advised of the end of your special leave period effective 15 November 2025.

However, in the interest of assisting a resolution to these matters, we can agree to you either utilising your accrued annual leave or approving unpaid leave (if you do not have accrued leave) for a period of three weeks (your statutory notice period) to enable you explore a transfer to another store whilst still employed. If, however, you are unable to secure a transfer within that period, your employment may be terminated if you are unable to return to your substantive position".

[11] In response, on 16 November 2025, Mr Yassir provided a statement to "formally object to the response of Woolworths". Mr Yassir stated that his proposal was "made in the context of resolving an active workplace dispute before the Fair Work Commission, where relocation or alternative employment placement is routinely considered during conciliation process". Mr Yassir rejected many of Woolworths' claims in relation to its internal store transfer procedures, made a number of allegations against Mr Still, objected to the termination of his special paid leave, and identified a number of section of the Act which he considered Woolworths has contravened.

[12] Mr Yassir made no further comments about his risk of future bullying by Ms AB on account of his relocation to New South Wales.

[13] The circumstances in which the Commission may make orders to stop bullying are set out in s.789FF of the Act, as produced below:

(a) a worker has made an application under section 789FC; and

(i) the worker has been bullied at work by an individual or a group of individuals; and

(ii) there is a risk that the worker will continue to be bullied at work by the individual or group;

then the FWC may make any order it considers appropriate (other than an order requiring payment of a pecuniary amount) to prevent the worker from being bullied at work by the individual or group.

(2) In considering the terms of an order, the FWC must take into account:

(a) if the FWC is aware of any final or interim outcomes arising out of an investigation into the matter that is being, or has been, undertaken by another person or body - those outcomes; and

(b) if the FWC is aware of any procedure available to the worker to resolve grievances or disputes - that procedure; and

(c) if the FWC is aware of any final or interim outcomes arising out of any procedure available to the worker to resolve grievances or disputes - those outcomes; and

(d) any matters that the FWC considers relevant."

[14] Pursuant to ss.789FF(1)(b) of the Act, for the Commission to make orders with respect to an application under s.789FC for an order to stop bullying, it must be satisfied that the worker was bullied at work and that there is a risk that the worker will continue to be bullied at work.

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

Note: For another power of the FWC to dismiss an application for a remedy for unfair dismissal made under Division 5 of Part 3 2, see section 399A.

(2) Despite paragraphs (1)(b) and (c), the FWC must not dismiss an application under section 365 or 773 on the ground that the application:

[16] The leading authority on the application of s.789FF(1)(b) in analogous cases is Mitchell Shaw v Australia and New Zealand Banking Group Limited T/A ANZ Bank; Bianca Haines.[3] In that case Deputy President Gostencnik held that:

"[15] As s. 789FF(b) makes clear, I must be satisfied not only that Mr Shaw has been bullied at work by an individual or group of individuals but also that there is a risk that he will continue to be bullied at work by that individual or group of individuals. Therein lays the difficulty for Mr Shaw. It seems to me that I have no power to make an order to stop bullying unless I can be satisfied relevantly that there is a risk that at work Mr Shaw will continue to be bullied by the individual or group of individuals identified in his application.

[16] It is clear that Mr Shaw is no longer employed by ANZ. The employment relationship has ended. That Mr Shaw is taking steps to seek a remedy in relation to his dismissal and that that may result in reinstatement at some point in the future does not have a bearing on the question that I must answer and is speculative and uncertain. It seems to me clear that there cannot be a risk that Mr Shaw will continue to be bullied at work by an individual or group of individuals identified in his application because Mr Shaw is no longer employed by ANZ and therefore is no longer at work.

[17] It necessarily follows that I do not have power to make an order to stop bullying and, as a consequence, I am satisfied that Mr Shaw's application has no reasonable prospect of success."

[17] This position was subsequently affirmed by the Full Bench in Obatoki v Mallee Track Health & Community Services and Others.[4]

[18] In a decision of Commissioner Yilmaz in THDL,[5] the Commissioner dismissed THDL's application on the basis that the application had no reasonable prospect of success when THDL moved the location of their warehouse from an industrial complex away from where THDL submitted they had been bullied by two men, the persons named. The Commissioner found the parties would no longer have any contact with each other and accordingly dismissed the application. The Commissioner concluded:

"[13] ...There is no risk that THDL may be subject to bullying and/or sexual harassment at work. Consequently, there is no reason I should not exercise my discretion to dismiss THDL's application against the named Respondents."

[19] In Pannu [2025] FWC 2293, I exercised my discretion to dismiss an anti-bullying application under s.587 of the Act. In that case, I was satisfied that the applicant was not employed by any person or entity and was therefore satisfied that the applicant would not continue to be bullied at work by the persons named in his application.[6]

[20] In this matter, Mr Yassir, in multiple emails addressed to the Commission, has confirmed that he has permanently relocated to Campbelltown, New South Wales. Ms AB works at a Woolworths store in Brisbane. On Mr Yassir's own admission, following his relocation, "[t]here is no ongoing reporting line, supervision, or workplace interaction with [Ms AB]", and he is "no longer rostered, scheduled, or required to work with" Ms AB.

[21] Mr Yassir appears now to be making an offer for Woolworths to transfer his employment to a store in New South Wales in exchange for the withdrawal of his applications. It is open to Mr Yassir to make such an offer, and it is similarly open to Woolworths to reject it. In any event, Mr Yassir has stressed that he has "permanently relocated" to New South Wales. Whether Woolworths accepts Mr Yassir's offer is irrelevant; the fact of the matter is that Mr Yassir has moved to New South Wales will not work with Ms AB in the future.

[22] Accordingly, I am satisfied that that Mr Yassir is not at risk of being bullied at work in the future by Ms AB. It follows that I do not have power to make an order to stop bullying. As a consequence, I am satisfied that the application for an order under s.789FF has no reasonable prospects of success and should be dismissed. I exercise my discretion to do so pursuant to s.587(1)(c) of the Act.

[23] An Order [PR793804] giving effect to my decision will be published.

I note that Mr Yassir's application made on 1 September 2025 under s.372 of the Act remains active before the Commission. Shortly after publishing this decision, I intend to write to the parties to confirm whether Woolworths agrees to participate in a conference in relation to that application in accordance with s.374(1)(b) of the Act.

Printed by authority of the Commonwealth Government Printer

Rage Yassir [2025] FWC 3435 (18 November 2025)

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Judgment (72 paragraphs)

Legislation Cited (1)