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FWC rejects 'performance management weaponisation' posed future bullying risk

A Fair Work Commission member was entitled to find an employee faced no future bullying risk after her reporting lines changed, despite her fears that former supervisors could use the employer's systems to bully her from afar, an appeal bench has ruled.

There was no error in the Commissioner's finding that "the mere theoretical possibility of future interactions" wasn't sufficient to justify making stop-bullying orders, the bench stated.

The case involved an application for stop-bullying orders against the ATO and three individuals, but at the conclusion of a determinative conference in July this year Commissioner Sharon Durham dismissed it, based on the threshold issue of no future risk of bullying.

The employee no longer pressed her claim against one of the individuals, the Commissioner noted. The remaining two had supervised the employee when she was in a graduate program she'd since left; further, they worked in different locations to the employee and had not attempted to contact her since the program ended...

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