ANTI-BULLYING – likely to continue – applicant dismissed – s.789FC Fair Work Act 2009 – application for alleged breach of general protections with a conference held in April 2016 – conference unsuccessful in resolving the dispute – anti-bullying application also made – applicant delayed submitting relevant material due to medical reasons until February 2017 – on 12 January 2017 applicant informed Commission employment with respondent had been terminated – subsequent unfair dismissal application lodged on 25 January 2017 – Commission advised parties due to unfair dismissal claim, Commission unable to make an order to stop bullying – Commission received submissions from both parties related to the issue of hearing the anti-bullying application – as the employee is no longer at work the Commission no longer has power to make an order to stop bulling, therefore the application has no reasonable prospect of success [Shaw v ANZ] – power to dismiss application on the basis of no reasonable prospect of success discretionary [Application by P.K] – Commission considered that application for unfair dismissal leading to reinstatement at some point is speculative and uncertain – satisfied currently no risk of applicant being bullied at work – satisfied application has no reasonable prospect of success – applicant sought legal advice from Commission, advised that Commission cannot provide legal advice – application dismissed. Application by C.I
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