If management steps in to deal with workplace issues, at what point does this cross the line into bullying behaviour?
Management action is not bullying conduct if handled in a ‘reasonable’ manner, according to the Fair Work Act. However, the apparent vagueness of this term can make matters confusing to HR when deciding how to proceed.
HC chatted with Roland Hassall, partner, and Katherine Sakoulas, graduate lawyer, at Sparke Helmore Lawyers, to find out exactly what the term ‘reasonable’ meant.
“For a start, it is not something considered reasonable from the manager’s point of view – it has to be objective,” Hassall said.
He pointed to one case, Ms SB  FWC 2014, in which Commissioner Hampton said that ‘reasonable’ management action consisted of the following elements: