Newcastle. Worker’s stop bullying application was rejected after the Fair Work Commission found he had already been dismissed and there was no risk of ongoing bullying.
Where: Newcastle
Case name: Haman Lowe [2025] FWC 2263
Date of decision: 4 August 2025
Link to full case: Click here to view decision
Who: Haman Lowe, employee at Tomago Aluminium Company
What: Applied for a stop bullying order naming eight coworkers, but had already been dismissed before hearing
Outcome: Application dismissed due to no risk of ongoing bullying
Legal Principle/s:
• A stop bullying order under the Fair Work Act requires a current risk of bullying continuing at work
• Once employment ends, the Commission loses jurisdiction under section 789FF
• Application had no reasonable prospects of success and was dismissed under section 587(1)(c)
Commentary:
This case confirms that a stop bullying order cannot proceed if the worker has already left employment. The Commission must be satisfied there’s a risk of continued bullying at work.
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