Application by the Applicant
At a glance
- 1
What happened
The Applicant, a Contract Administrator at Ventia Australia Pty Ltd, filed an application under the Fair Work Act seeking orders to stop bullying. She alleged bullying by the Respondent, the Business and Risk Manager, and described his behaviour as aggressive and demeaning. The Applicant commenced employment in August 2022. Performance concerns led to a written warning in October 2023 and subsequently a Training and Development Plan in May 2024. She lodged a worker’s compensation claim for a shoulder injury in September 2023 and a stress claim in June 2024, stating the latter was due to alleged bullying. She is currently working remotely.
What was decided
The Fair Work Commission dismissed the Applicant’s application for orders to stop bullying. Deputy President Cross found the evidence was insufficient to support the bullying allegations. While the Respondent conceded his conduct could have been better in some instances, the Commission considered the interactions were robust and related to performance. The Commission noted the existence of contemporaneous emails demonstrating respectful communication. The Applicant argued that the acceptance of her worker’s compensation claim implied the actions were not reasonable management actions, however, this argument was not persuasive.
What it means for employers
Employers should ensure performance management processes are documented and consistently applied. Communication, even when addressing performance issues, should be respectful and professional. Acknowledging and addressing concerns raised by employees, even if ultimately unsubstantiated, is important for maintaining a positive workplace environment. The decision highlights the importance of considering the context and documentation surrounding workplace interactions.
What it means for employees
Employees experiencing workplace issues should document instances and follow established grievance procedures. While worker’s compensation claims can be indicative of workplace stress, they do not automatically establish bullying. Employees should be prepared to provide specific evidence to support their claims.
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