Melbourne. Fair Work dismissed a student’s stop bullying claim against a union as he was no longer working there, so there was no ongoing risk of workplace bullying.
Where: Melbourne
Case name: Daniel Robinson [2025] FWC 2235
Date of decision: 31 July 2025
Link to full case: Click here to view decision
Who: Daniel Robinson, student on work experience at an industry union
What: Sought a stop bullying order after placement ended
Outcome: FWC dismissed the case due to no ongoing risk and no reasonable prospect of success
Legal Principle/s:
• The Commission can only make stop bullying orders if there is a risk the bullying will continue at work
• Application had no reasonable prospect of success as the applicant was no longer at the workplace
Commentary:
This case shows that stop bullying orders are only available where a worker is still at risk. Past bullying, without an ongoing connection to the workplace, won’t meet the legal test.
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