Reasonable management action – it's just not bullying

A recent decision by the Fair Work Commission in relation to a bullying application illustrates how best practice management procedures can provide a solid defence for organisations.

As noted in our June 2014 Workplace Insights, there have been relatively few decisions in the Fair Work Commission's recently established anti-bullying jurisdiction, perhaps due to it being a 'no-compensation' jurisdiction and the requirement for a victim to still be 'at work' for an order to be made.

Claims often relate to management or performance management activities 'gone wrong' for example micro-management. In many cases these claims are justified, however sometimes a claim may be lodged as a tactic to combat discipline or termination of employment as a result of formal performance management.