Bullying – Employers Disciplinary Action must be Reasonable and Proportionate
Published on February 19, 2015
The Fair Work Commission has ruled against an employer’s procedural application to strike out a bullying application on the basis that the conduct was “reasonable management action” and hence fell within that exclusion to the definition of bullying.
Commissioner Lewin found that an employer acted unreasonably in initiating a disciplinary process against an employee who had responded to complaints about his performance in a manner that was “assertive, and at times mildly acerbic, but not insubordinate or confrontational”.
The full decision report can be found here.
Get in touch with us
Zoe is a member of the Commission of Inquiry and Litigation Team at Carroll & O’Dea Lawyers’ Sydney office.
Sharlotte Hoffman is a lawyer in Carroll & O’Dea Lawyer’s Newcastle office. She grew up in the Mid North Coast, before moving to Lismore to pursue a Bachelor of Laws at Southern Cross University.
Dilan is a solicitor in the Personal Injury team at Carroll & O’Dea Lawyers. He is dedicated to building strong relationships with clients whilst providing them with accurate legal advice.
Brigette Lawrence is a member of the personal injury team at Carroll & O’Dea Lawyers’ Newcastle Office.
Jessica Maree is a member of the Personal Injury team in Carroll & O’Dea Lawyer’s Newcastle office, where she strives to ensure the best outcomes for her clients.
Parami Premachandra is a member of the Personal Injury team in Carroll & O’Dea Lawyers’ Sydney office.
Since joining the firm in 2018, Parami has worked for both plaintiff and defendant clients.
Michael is a member of the Commission of Inquiry and Litigation Team at Carroll & O’Dea Lawyers, Sydney office.
Amelia Kate Tracey
Amelia Tracey joined Carroll & O’Dea in February 2022. She works as a lawyer for both plaintiff and defendant clients in a range of personal injury matters.