Anti Bullying Application rejected – Reasonable Management Action.
A case of Reasonable Management Action. On 19 August 2016, the Fair Work Commission handed down a decision dismissing an order to stop bullying. This was only the seventh of its type relating the FWC’s bullying jurisdiction.
In Xiaoli Cao v Metro Assist Inc; Rita Wilkinson, the Applicant, employed y a charity, sought orders from the FWC against her manager to stop bullying under s 789FC of the Fair Work Act 2009.
The alleged bullying conduct included overloading her, increasing her workload, requesting she perform “unreasonable” tasks, making accusations about her work ethic and demeaning her in front of her work colleagues and other allegations.
Notwithstanding steps taken following two mediation sessions, the Applicant filed a general protections claim on 12 January 2016 and made a bullying complaint to SafeWork NSW.
In exercising its jurisdiction, the FWC considered the Applicant’s evidence that her manager’s actions were not reasonable management action carried out in a reasonable manner.
The employer gave evidence that the actions taken did not constitute bullying and that, where possible, it had actioned the Applicant’s requests to address her concerns and also established measures to rebuild the work relationship between the two parties.
The Commission found that the evidence did not support allegations of unreasonable behaviour by the manager and that the employer had executed reasonable management action and also carried out fair and transparent investigations into her allegations.
This decision demonstrates how reasonable management action done in a reasonable manner will not be considered as workplace bullying.
If you are your managers are unsure about what is and what is not reasonable management action and workplace bullying, I strongly recommend you consider the AWPTI Management Essentials training program, details can be found at http://awpti.com.au/management-training/
AWPTI – workplace investigations in Sydney and through-out NSW, QLD and Victoria. Workplace training national wide
Workplace investigations misconduct, bullying, harassment & sexual harassment investigations
The full text of the decision can be found here- https://www.fwc.gov.au/documents/decisionssigned/html/2016fwc5592.htm