FWC: bullying & reasonable management action exclusion

Tao Sun [2014] FWC 3839

A recent decision where the worker failed in claim of bullying before the FWC on the basis the alleged offending conduct fell within the exception in s.789FD(2) of the Fair Work Act 2009 (Cth):

“(1) A worker is bullied at work if:

(a) while the worker is at work in a constitutionally-covered business:

(i) an individual; or

(ii) a group of individuals;

repeatedly behaves unreasonably towards the worker, or a group of workers of which the worker is a member; and

(b) that behaviour creates a risk to health and safety.

(2) To avoid doubt, subsection (1) does not apply to reasonable management action carried out in a reasonable manner.”

David Cormack – Brisbane Barrister & Mediator

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