Log in or become a subscriber

In deciding not to make stop-bullying orders, the Fair Work Commission doesn't "in all cases" need to first determine whether bullying has occurred, if it considers a current employee is not at risk of such conduct in the future, a full bench has confirmed.

The appropriateness of dealing with the "future risk element" of the Fair Work Act's stop-bullying provisions as a "threshold matter" would depend on the circumstances of each case, the bench said.

In October last year, a National Disability Insurance Agency senior fraud officer sought stop-bullying orders against two managers. He alleged they: "inaccurately" accused him of working outside his remit; suppressed his ideas; excessively scrutinised him; provided unjustified criticism; and engaged in "unprofessional grumbling and intimidation".

But the employer defended the managers, noting they gave him feedback on his performance, clarified his role's remit, and reinforced expectations, all of which constituted reasonable management action taken in a reasonable manner...