Smyth [2025] FWC 907 (1 April 2025)

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

• [1] This is an edited version of the decision given in transcript in this matter yesterday.

• [2] Having heard from the parties, I am not satisfied at the moment that there is a risk that Ms Smyth will continue to be bullied at work in the business. The reason is that Ms Smyth is not currently at work and on the version of events of Mr Zhang, the more likely outcome is that she has been dismissed. Even if I am wrong about that, Ms Smyth has indicated in her statement that she is unlikely to return to the workplace. In those circumstances, I could not be satisfied of the ability to make orders in the case, and therefore I am going to dismiss the application.

• [3] The application is dismissed under s.587(1)(c) of the Fair Work Act 2009.

Printed by authority of the Commonwealth Government Printer