Reasonable performance management – FWC rejects Anti-Bullying Order application

Introduction

Under the Fair Work Act  (2009) (the "FW Act") an employee who has been bullied at work may apply to the Fair Work Commission (the "FWC") for an anti-bullying order. An employee is bullied if while at work an individual or group of individuals repeatedly behaves unreasonably towards the employee and that behaviour creates a risk to their health and safety.

In a recent decision, the FWC dismissed an application for an anti-bullying order, ruling that the performance improvement plan constituted reasonable management action.

Background

The employee worked in account management and customer service for a business which provided services to Telstra. In January 2021, the employer introduced a new customer classification system which required employees to classify customers by way of phone calls. The new classification system was split into designated targets for each employee, with management sending update emails and having regular discussions