STOP BULLYING ORDER

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Lucas Porcaro

APPLICANT

-v-

Public Transport Authority of Western Australia, Deborah Hegarty, Steven Fisk

RESPONDENT

CORAM Commissioner T Kucera

DATE Friday, 15 August 2025

FILE NO/S S 5 OF 2025

CITATION NO. 2025 WAIRC 00706

Result Application dismissed

Representation

Applicant Mr L Pocaro

Respondent Mr J Carroll of counsel

Order

WHEREAS the applicant on 30 April 2025 filed a Form 21 – Application for a Stop Bullying Order under s 29(1)(e) of the Industrial Relations Act 1979 (application);

WHEREAS the respondent dismissed the applicant from his employment on Tuesday, 6 May 2025 (applicant’s dismissal);

AND WHEREAS the respondent on Wednesday, 7 May 2025 filed a Form 1A – Application requesting the Commission should, in view of the applicant’s dismissal, exercise a power under s 27(1) the Industrial Relations Act 1979 to refrain from dealing with the application;

AND WHEREAS the Commissioner was advised the applicant had, in response to his dismissal commenced a ‘damaging action claim’ in the Industrial Magistrates Court under s 97A of the Industrial Relations Act 1979;

AND WHEREAS the Commission on Wednesday, 28 May and Monday, 4 August 2025 emailed the applicant to inquire on whether he intended to proceed with the application or to file a Form 1A - Notice of Discontinuance (Commission’s emails);

AND WHEREAS the applicant has not responded to the Commission’s emails;

NOW THEREFORE the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders –

            THAT the application be dismissed.

Commissioner T Kucera