Reduced Hours for Mental Health Recovery Not Workplace Bullying

FWC recently in Young [2025] FWC 2834 dismissed a bullying claim brought by a public sector employee, finding that the Department acted reasonably in placing him on a three-day work week while he recovered from a previous toxic workplace experience.

The worker had transferred from another agency, where he had faced unresolved allegations and lodged a complaint with the Australian Human Rights Commission.

Upon joining the Department, he disclosed ongoing trauma and mental health concerns. The Department responded with support and later implemented a performance management plan. Following medical advice, the worker was placed on a reduced schedule to support his recovery and allow time to address his grievances. However, he perceived this as punitive and retaliatory, particularly when required to submit manual timesheets and formal leave requests. He filed a bullying application after the Department withheld pay due to non-compliance.

Commissioner McKinnon found that the department took “considerable care” to support the worker and manage his employment appropriately. She rejected claims of administrative persecution and found no reasonable basis for the worker’s belief that he had been bullied.

Our Take

This decision reinforces the importance of balancing employee wellbeing with operational management. The Department followed medical advice, offered support and acted within its rights to manage attendance and performance. The worker’s perception of bullying was not supported by the facts.

Employers should take note: when managing employees with mental health concerns, clear communication, documented support measures and reliance on medical advice are key. But equally, employees must engage constructively with the process and take responsibility for their role in resolving workplace issues. This is a ‘fine line’ and unfortunately this case continues to demonstrate that employers have to assess each response action on its merits – not look for the ‘one template’ way to deal with all such matters.

Action Items:

• Follow Medical Advice When Adjusting Work Arrangements - Ensure any changes to hours or duties are supported by clinical recommendations and clearly communicated.

• Document Support Measures and Decisions - Keep records of all accommodations, communications and performance management steps.

• Manage Attendance and Compliance Firmly but Fairly - Set clear expectations around leave and timesheets, especially when modified arrangements are in place.

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