b'CASE LAW BULLYINGHugo Meagher [2024] FWC 3569 (23 December 2024)What happened: A lawyer at the Department of Employment and Workplace Relations (DEWR) claimed he was bullied by hissupervisor and manager after receiving feedback about his performance.The supervisor had emailed him to arrange a meeting to discuss his schedule, use of time at work, outstandingtasks, and fatigue, noting concern "from a wellbeing perspective." This followed incidents where the lawyer waslate to meetings, observed shopping online and browsing real estate, and was seen nodding off at work. Heperceived the feedback as "biased and unfair", and described the email tone as "accusatory" and "menacing."He also claimed bullying by a manager who gave condescending and stern feedback on research work thatfailed to follow formatting instructions. The manager later requested a further meeting to address concernsabout his timeliness and task completion.In response, the lawyer said that constantly calling him into meetings hindered his performance, and he viewedthem as victimisation designed to "degrade" his competency.Outcome: Deputy President Dean found that the lawyer had not been bullied and that all actions taken by DEWR werereasonable management action carried out in a reasonable manner.She held that the department gave more than adequate guidance, and that setting expectations aroundperformance was both appropriate and professional.Clearly, [the lawyer\'s] conduct in the workplace was unacceptable and ought to have been dealt with, she said.Deputy President Dean noted the employee had been exceptionally difficult to deal with and had failed to followthe most basic of instructions during the proceedings.The Legislation:Workplace harassment and bullying is covered under the provisions of the Workplace Health and Safety Act 2011 and theFair Work Act 2009. Workplace harassment is where a person is subjected to repeated behaviour that: Is unwelcome and unsolicited; andThe person considers to be offensive, intimidating, humiliating or threatening; orA reasonable person would consider being offensive, intimidating, humiliating or threatening.However, reasonable management action carried out in a reasonable manner is not considered bullying. Deputy President Dean found that the actions taken by DEWRsuch as performance feedback, guidance, and meetingsfell within this exception as reasonable management action.Practical Implementation/Learnings: 1.Management actionbullying: Reasonable management actionsuch as providing performance feedback,addressing lateness, or managing workload expectationsis not bullying, even if the employee perceives itnegatively. It must be carried out in a respectful, fair, and consistent manner.2.Clear expectations are important: Employers have the right (and obligation) to clearly articulate workperformance standards and behavioural expectations, especially in roles requiring professionalism and autonomy.3.Document instructions and feedback: Maintaining clear records of feedback, instructions, and attempts tosupport an underperforming employee can be critical in defending against claims of bullying.Page | 32 IR Update July 2025'