ANTI-BULLYING – likely to continue – ss.587, 789FC Fair Work Act 2009 – application for order to stop bullying – alleged bullying behaviour resolved by respondent complying with recommendations – applicant initially accepted outcome then subsequently refused to accept matter resolved – applicant requested matter proceed to arbitration – respondent made application to have matter dismissed under s.587 due to applicant’s extended absence from work and respondent’s commitment which resolved alleged bullying behaviour – no basis to find any risk that applicant may bullied in future – meaning of ‘no reasonable prospect of success’ considered – the question of prospect may give rise to different answers depending on timing [Shaw v ANZ] – difficult to demonstrate future risk requirement [G.C] – held applicant’s case may have initially had some prospect of success but given respondent’s compliance with recommendation and commitment to restrict contact between applicant and individuals involved there was no further prospect of applicant being bullied or harassed – found no reasonable prospect of success – application dismissed. Lokteeva v Woolworths Limited and Ors
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