In this stop bullying application, the applicant sought orders against the respondent employer. The application was lodged in September 2025 and proceeded to conciliation in September 2025, where it was not resolved. In October 2025, the respondent advised that it had commenced a statutory disciplinary process concerning alleged misconduct by the applicant, and that the applicant had been suspended on full pay. The proceedings were adjourned by agreement while that process continued. 

In November 2025, the respondent informed the Commission that the applicant remained suspended and was understood to have resigned and taken employment elsewhere. The applicant indicated an intention to discontinue the application but did not file a notice of discontinuance despite being given information and reminders. The Commission therefore listed the matter for a show cause hearing as to why the application should not be dismissed under s 27(1)(a) of the Industrial Relations Act 1979 (WA). 

The Senior Commissioner observed that stop bullying orders may only be made if the Commission is satisfied both that the worker has been bullied at work and that there is a risk of the bullying continuing. On the material before the Commission, the applicant’s departure from the respondent’s workplace meant the continuation risk could not be established and the application had no prospects of success. The Senior Commissioner also considered the applicant’s failure to discontinue and lack of engagement with the show cause process to be unreasonable and found that the proceedings were being maintained for a collateral purpose, amounting to an abuse of the Commission’s process. 

The Senior Commissioner was satisfied that further proceedings were not necessary or desirable in the public interest, and that dismissal was warranted both because the application was without prospects and because the conduct constituted an improper use of the Commission’s processes. Accordingly, the application was dismissed.  

The decision can be read here.