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A Fair Work Commission member was wrong to dismiss a stop-bullying application based on the assumption that an employee who was absent and unfit for duties faced no continuing risk of bullying, a full bench has ruled.

"An application should only be dismissed at a preliminary stage, or without determining the bullying allegations, where the absence of a future risk of bullying is clear," the bench said.

The case involved a stop-bullying application filed by an Excelsia University College academic. She has been absent from work, receiving workers' compensation, since mid-2025.

During a 'report back conference' in March this year, Deputy President Gerard Boyce dismissed the employee's application. An email sent shortly after the phone call referred to the employee's latest medical certificate, which stated she had "NIL capacity for work"...