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Aggressive and intimidating behaviour was not a valid response to performance management, the Fair Work Commission has found, ruling that the employee's conduct was detrimental to the wellbeing and safety of his colleagues and justified his dismissal.

Commissioner Emma Thornton accepted the employee was distressed by being placed on a performance improvement plan, but rejected that the plan was a form of bullying.

Keolis Downer Adelaide Pty Ltd, a South Australian public transport provider, sacked the train crew supervisor for misconduct in July last year, alleging he'd subjected his colleagues and managers to aggressive and intimidating conduct.

In his unfair dismissal application, the employee claimed that he was distressed due to bullying and harassment, which explained his behaviour, and that it didn't warrant dismissal...