06/08/2024
The Fair Work Act 2009 (Cth) (the Act) provides a process for employees to apply for stop bullying orders where they are being bullied at work.
Section 789FD (2) of the Act makes it clear that “reasonable management action carried out in a reasonable manner” does not amount to bullying conduct.
A recent application to the Fair Work Commission for a stop bullying order – Application by Mis Kristy-Lee Brinkworth [2024] FWC (Application) – considered whether a number of interactions between a new employee and her manager amounted to bullying conduct.
In this application, while there were differing accounts provided, Ms Binkworth made various allegations that conduct by her supervisors, including that they required her to complete training, raised concerns with her performance and their rostering decisions, amounted to bullying.
The Commissioner considered the evidence before it to make an objective assessment of the allegations. It found that the conduct did not raise to the level required of bullying, and instead found that there were:
- clear issues with the party’s communication style that lead to misconstrued and poor interactions between them;
- the manager’s raising of concerns was not done controversially or out of spite against Ms Brinkworth;
- standard training was not an unusual request in the circumstances, despite Ms Binkworth’s existing knowledge; and
- the organisation’s management of Ms Binkworth’s concerns and complaints were clumsy but did not amount to bullying.
Given Ms Brinkworth had been absent from work for several months and only recently certified as fit to return, in conjunction with the Company rolling out management training and updating bullying and grievances policies, satisfied Commissioner Lim there was no risk of future bullying and Commissioner Lim did not grant a stop bullying order.
This decision makes it clear that the Fair Work Commission will consider bullying on a case by case basis.
It also emphasises the importance of having clear bullying policies and training in place to allow organisations to properly manage bullying complaints as they arise, to prevent ongoing bullying of employee’s and subsequent claims to the Fair Work Commission.
If you would like assistance in updating, preparing or reviewing your bullying policies please contact us at enquiries@griffinlegal.com.au