CASE PROCEDURES – no reasonable prospects of success – ss.587, 789FC Fair Work Act 2009 – applicant alleged bullying by two persons at work – employer represented itself and the two respondents – matter subject of private conference – proposal to resolve discussed – applicant considered proposal, did not accept and continued application – employer sought dismissal of application under s.587(1) FW Act – employer submitted alleged bullying was reasonable management action and carried out in reasonable manner by the two respondents – respondent submitted same allegations repeatedly raised and on each occasion applicant provided natural justice – respondent submitted that allegations coincided with performance management – applicant submitted no documentation had been provided regarding any investigations – applicant submitted she suffered psychological injury as result of multiple bullying encounters – applicant submitted most recent WorkCover claim under review – held that matter involves contested facts about the nature of exchanges and would benefit from hearing evidence – not satisfied that application is frivolous or vexatious – not satisfied that application is manifestly untenable or groundless – application under s.587(1) FW Act dismissed – application to proceed. Re: E.K.
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