Commission defends employer's decision, calling it 'reasonable management action'
The Fair Work Commission (FWC) recently dealt with a worker’s application, alleging that he was bullied by his employer’s manager and colleagues after he claimed he was yelled at and asked to relocate to another workplace.
Meanwhile, the employer maintained that its actions were “reasonable” and justified, and that it was the worker’s conduct that was considered unpleasant toward his co-workers.
Worker’s allegations
Matthew Schokman works as a plumber at Chiswick Plumbing Group Pty Ltd in Sydney, New South Wales. The employer is part of a network of plumbing companies, including Network Plumbing, Killara and Rose Bay Plumbing (Killara Plumbing), and On the Go Plumbing.
The company mainly focuses on domestic maintenance plumbing services for strata, commercial, and residential clients. Their office is situated in Terrey Hills, with storage and meeting facilities in Concord.
On 16 August 2022, Schokman filed an application with the FWC to address workplace bullying. The alleged bullying behavior involved Nathan Broughton (general manager of Chiswick Plumbing), Joel Celnikier (plumber/quoter), and Greg McElroy (consultant).
In his application, the worker alleged the following:
- Several months before August 2022, Celnikier spread rumours within the business about his ability to perform plumbing work;
- On 11 August 2022, Celnikier called him while he was on sick leave about a job that had “gone south” the day before. Celnikier is alleged to have started yelling, swearing and aggressively shouting at Schokman, including by saying “Mind your own fucking business” and “Just to let you know you are not fucking welcome here and nobody wants you so don’t come to the dinner tonight as nobody wants you there and I will be fucking coming for you”;
- On 12 August 2022, Schokman was called into the office for a meeting with Broughton and McElroy and told that he was no longer fit for Chiswick Plumbing, had lost the support of his colleagues, was struggling with his management duties, and an opportunity had come up at Killara Plumbing, and
- On 13 and 15 August 2022, Schokman was pressured to relocate from Chiswick Plumbing to Killara Plumbing for a three-month training.
Context in workplace bullying allegations
In its decision, the Commission explained what “workplace bullying” meant, and said that: “a worker is ‘bullied at work’ if a person or group repeatedly behaves unreasonably towards the worker (or a group of workers of which they are a member) while they are at work in a constitutionally-covered business, and the behaviour creates a risk to health and safety,” it said.
“Bullying at work does not include reasonable management action carried out in a reasonable manner,” it added.
It investigated on the worker’s allegations, starting with his argument that Celnikier “started yelling, swearing and aggressively shouting” at him, including by saying “Mind your own fucking business” and “Just to let you know you are not fucking welcome here and nobody wants you so don’t come to the dinner tonight as nobody wants you there and I will be fucking coming for you.”
The FWC found that Schokman “had been working to undermine” Celnikier almost from the time he joined Chiswick Plumbing in December 2021.
“This included telling others that Celnikier was there to take their jobs, deliberately seeking to create tension between him and other plumbers, and maligning his integrity and competency as a plumber, including to one of the owners of the business and at least one of its apprentices. It is unsurprising that by August 2022, Celnikier had had enough,” the Commission said.
“In the circumstances, it was [not] unreasonable for him to respond angrily by telling him to ‘mind his own fucking business’ when he heard Schokman say that he was ripping people off,” it said.
The worker’s colleague, Celnikier, “acted unreasonably when he let his anger get the better of him and told Schokman that he was not welcome at Chiswick Plumbing, that he should not come to the dinner that night, and that if he did he would be ‘fucking coming for’ Schokman,” the Commission said.
“This was a threat, potentially of violence. It was inappropriate workplace behaviour. However, I am not satisfied that in acting this way towards Schokman, Celnikier bullied [him] at work,” it said.
“His actions on 11 August 2022 were not part of a repeated pattern of unreasonable behaviour,” the Commission explained.
On worker’s relocation
Moreover, in its decision, the Commission also explored the worker’s argument that asking him to relocate constituted workplace bullying.
“Schokman’s contract of employment provides for [him] to ‘start and finish on the designated site or at the office whichever is instructed by management’.”
The contract also said that he may “be required to travel as reasonably necessary for the performance of” his duties.
“Killara Plumbing is an associated entity of Chiswick Plumbing. It was made clear to Schokman that despite working with Killara Plumbing’s managers, he would remain employed by Chiswick Plumbing,” the Commission said. It added that there was no evidence that “despite the move being only temporary, it would have operated to prevent his return to Chiswick Plumbing.”
“Much of what was anticipated in the three-month training period was riding with the managers of Killara Plumbing, to observe and learn from their way of working, and to bring those skills with him back to his primary place of work,” the decision said.
“In the circumstances, the request to Schokman to undertake three months training at Killara Plumbing was reasonable management action. It was not bullying at work,” it added.
Thus, the Commission ruled that the worker was not bullied at work and rejected his anti-bullying application.
