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ARTICLE · 24 JANUARY 2022

Repeated instances of unreasonable behaviour do not necessarily constitute workplace bullying

Cooper Grace Ward
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Employers should ensure they understand workplace bullying, maintain up-to-date policies, and conduct regular training.

AustraliaEmployment and HR

To constitute bullying in the workplace, the test of 'repeatedly behaving unreasonably towards an employee' requires more than a mere finding that unreasonable behaviour has occurred repeatedly.

While this appears confusing, it was confirmed and explained by the Industrial Court of Queensland in the recent case of Greenall v State of Queensland (Queensland Corrective Services)  [2021] ICQ 19.

Application to the QIRC for an order to stop bullying

Mr Greenall was employed by the State of Queensland as a Queensland Corrective Services dog handler. Mr Greenall claimed that he was bullied by his manager, Mr Swann, on 17 separate occasions. Mr Greenall applied to the Queensland Industrial Relations Commission (QIRC) for an order to stop bullying in the workplace.

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