Employment law and HR news for employers and HR professionals

Reasonable Management Action Trumps Bullying Claim

A manager recently was successful in satisfying the Fair Work Commission that anti-bullying orders were not required because his actions were, on the whole, reasonable and lawful management actions. The employee had made an application for anti-bullying orders claiming he was the victim of a sustained campaign of bullying and intimidation.

Commissioner Cloghan held that the employee’s allegations stemmed from his repeated refusal to carry out his employer’s lawful and reasonable directions. Several of the incidents the employee claimed were evidence of bullying were in fact the manager’s reasonable response to the employee’s unreasonable and confrontational behaviour. Commissioner Cloghan noted that while employees have rights, they also have obligations. Moreover, in Commissioner Cloghan’s view, the employee’s view of his rights were without any authoritative basis and that the manager did not behave unreasonably towards the employee.

The case demonstrates that employers who deal with employee misconduct and insubordination in a reasonable manner will have a firm basis to defend a bullying claim.

To view the full case, click here.

Jenny Edinger

Jenny Edinger