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After wrongly equating all bullying with serious misconduct, a Fair Work Commissioner has, on redetermination, ruled that an employee's behaviour met the definition, and warranted his employer's chosen disciplinary action.

While noting that on one view the employee's actions "may present as low-level misconduct", Commissioner Scott Connolly said his behaviour had to be viewed in the context of his superior position, "in a confined space, largely without other supervision, in an isolated town".

The case involved a senior paramedic employed by Ambulance Victoria, who was transferred to a new workplace 350km away – the closest branch where he could work at a comparable level – after the employer substantiated allegations he'd bullied a female subordinate.

The employee filed a dispute about the disciplinary action, but in September 2024 Commissioner Connolly found his actions amounted to serious misconduct, and therefore the employer was entitled to transfer him, under the restorative practices clause in its enterprise agreement.

It was "implausible" to suggest that bullying, when viewed objectively, didn't amount to serious misconduct, the Commissioner said at the time...