ANTI-BULLYING – order to stop bullying – ss.789FC, 789FF Fair Work Act 2009 – previous decision [2016] FWC 2040 considered whether application had no reasonable prospect of success because applicant could not meet requirements to obtain an order to stop bullying – 789FF(1) of Act – Commission had determined applicant had not worked since April 2015 but had not been dismissed; failure to work was not connected to misconduct or poor performance; respondent’s failure to offer work was not permanent in nature – applicant employed for over 20 years with respondent casually, with instances where applicant did not perform work for more than a year – respondent now alleged that applicant had failed to turn up for a shift offered in May 2015 and was abusive to respondent, so no more shifts were offered – Commission satisfied that respondent had no intention of offering further shifts to applicant in the past year nor into the future – applicant is not at risk of being bullied “at work” and requirements of s.789FF(1)(b)(ii) of Act cannot be met. Simounds
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