When does unreasonable behaviour cross the line into bullying?

The FWC (Application by Wong [2024] FWC 2856 (15 October 2024) has dismissed an employee’s bullying claim against their employer, ruling that while the employer’s conduct may have been unreasonable, it did not constitute bullying.

The employee alleged he was unfairly required to take an extra step to report absences, was subjected to formal disciplinary processes for his refusal to comply and faced delays in being cleared of disciplinary action.

FWC found the employer's actions were not repeated or severe enough to pose a health and safety risk, though they noted the employer should have conducted less formal conflict resolution.

Our Take

The way you handle a workplace conflict can define the outcome.

As psychologist Harriet B. Braiker said, ‘conflict can and should be handled constructively; when it is, relationships benefit’.

As an employer, conducting disciplinary meetings effectively is crucial to resolving immediate issues and maintaining a positive work environment. Not all frustrating or unreasonable management actions amount to workplace bullying; however, before jumping to formal processes, consider whether a more informal, constructive approaches to address performance, de-escalate tensions and preserve employment relationships are appropriate.

Remember that while a single incident of workplace bullying may not attract liability, where it is not managed properly, it may be repeated and escalate to the point where it does. Decades of research (The moderating effect of perceived organizational support on the relationships between organizational justice and objective measures of cardiovascular health) on fairness perceptions in the workplace has revealed that businesses that prioritise organisational justice to employees are healthier, more productive and have decreased turnover and absenteeism.

Action Items

• introduce, train and maintain “one on ones” – this is our most recommended process for all organisations

• train leaders to model the behaviour they expect from their employees

• be clear about the purpose of meetings or actions with employees, especially when addressing potential disciplinary issues

• keep accurate records of all meetings

Edge Legal

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