With the dark cloud of a bullying claim looming over them, employers seem to be walking on eggshells when it comes to managing their employees.  Some of these hesitations can be put to rest though, as an employee failed to win anti-bulling orders in a recent Fair Work Commission (FWC) decision due to the exercise of “reasonable management action.”   

In this case, the employee was underperforming in his role and as a result, his manager instigated a structured program aimed at monitoring and improving his work performance.  Continual feedback regarding the employee’s performance was integral to the success of the program.

Within this context, the employee claimed his manager treated him like a “slave” and used harassment, humiliation and intimidation as tactics to force him to terminate his employment.  He believed that the bullying posed imminent risk to his health and safety and sought orders to stop the bullying.  

However, the FWC found that there was no evidence of bullying and his performance was managed in an “ordinary fashion.”  That is, each occasion of alleged bullying demonstrated normal managerial action to address the manager’s concerns regarding the employee’s work performance.  

These concerns included ability to follow through on instructions, communication with customers and proper use of the employer’s work systems.  

Drake SDP accepted it was the employee’s “honestly held belief” that his manager’s performance management initiatives were aimed at establishing a reason to terminate his employment.  She was not satisfied though that he engaged in those initiatives in a co-operative fashion.  

This case demonstrates that employers have a right to carry out reasonable management action relating to issues of poor performance.  So long as this action is in line of company policies and procedures and such action was reasonable in the circumstances, employers should be protected from anti-bullying orders.  

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