What Does Not Constitute Bullying at the Workplace?
Despite increasing awareness of psychosocial risks in workplaces, employers still face accusations of bullying when performing managerial duties. Two recent Fair Work Commission (FWC) decisions confirm that not every disagreement, performance issue, or emotional response qualifies as “bullying at work” under the Fair Work Act 2009. Employers can manage attendance, performance, and work arrangements if their actions are reasonable and do not pose a threat to health and safety.
Dispute Over Work Arrangements
In the first case, an employee alleged she was bullied when her employer required her to return to the office and denied permission for secondary employment. She claimed these decisions unfairly targeted her, caused distress, and differed from how other staff were treated.
Performance Management and Attendance Oversight
In the second case, the employee claimed he was bullied after being told his performance did not meet expectations. He was placed on a performance improvement plan, instructed to complete timesheets, and required to provide medical certificates to verify his fitness to work. He described these steps as “administrative persecution” and “psychological warfare.”
What did the FWC decide in both cases?
In the first case, the FWC found no evidence of repeated unreasonable behaviour. The employer’s requirements for in-office attendance and restrictions on outside work were reasonable business measures, not personal attacks.
In the second case, the FWC held that the performance management process was legitimate and necessary, and that the employer’s actions were proportionate and supported by medical and procedural evidence. Allegations of deliberate targeting were based on subjective perceptions rather than factual evidence.
Key Takeaways for Employers
• Apply management processes objectively and consistently.
• Keep detailed records showing reasoned decision-making.
• Provide support pathways but stay firm on operational expectations.
These cases confirm that lawful and reasonable management actions are not considered bullying simply because they are unpopular. The FWC continues to emphasize that anti-bullying laws protect employees from mistreatment, not from standard workplace management practices.
This article is general in nature and is not legal advice. If you need help dealing with anti-bullying/harassment claims or require assistance with workplace training, we can assist at Voice Lawyers.
You can contact us at office@voicelawyers.com, give us a call at 02 9261 1954, or use the link on our website to book a consultation with one of our lawyers.