In the workplace, performance feedback, supervision, and setting clear expectations are essential components of effective management. However, these actions can sometimes be misunderstood by employees as bullying. A recent decision by the Fair Work Commission (FWC) in December 2024 provides valuable insight into what constitutes “reasonable management action” and how organisations can navigate these situations.

The Case: Overview

In this case, an employee alleged bullying by three supervisors, citing instances such as:

• Feedback about lateness to meetings.
• Criticism of work performance and adherence to instructions.
• Supervision of a Practical Legal Training (PLT) program.

The employee argued that these actions were menacing and unfair, claiming they amounted to workplace bullying under section 789FD of the Fair Work Act 2009. The FWC dismissed the application, finding that all actions taken by the supervisors were reasonable management actions executed in a reasonable manner.

Key Lessons for Employers

1. Set Clear Expectations:
   • Managers are responsible for establishing clear performance and behavioural expectations. In this case, the supervisors appropriately communicated concerns about punctuality and work performance, ensuring the employee understood what was required.
2. Provide Constructive Feedback:
   • Feedback should be specific and actionable. The supervisors offered detailed guidance on how to improve work outputs, which the FWC recognised as part of their duty to support the employee’s success.
3. Document Interactions:
   • Accurate documentation of meetings, emails, and feedback ensures transparency and provides evidence of reasonable actions. The supervisors’ communications were found to be respectful and professional, reflecting well on the organisation.
4. Follow Policies and Procedures:
   • Consistency with workplace policies and established practices is crucial. The FWC noted that the supervisors’ actions aligned with the organisation’s policies and performance management processes.
5. Address Complaints Thoroughly:
   • When complaints arise, organisations should investigate promptly and ensure employees feel heard. In this case, the organisation engaged with the employee’s concerns and made efforts to address their issues, including reassigning the employee to a different team.

What Doesn’t Constitute Bullying

The FWC clarified that reasonable management actions do not amount to bullying, even if the employee perceives them as such. The test is whether the actions were:

• Necessary for managing work performance.
• Conducted lawfully, rationally, and professionally.
• Implemented without malice or intent to harm.

Implications for Managers and HR Professionals

This case reinforces that effective performance management is not bullying when done appropriately. Managers should be confident in their ability to:

• Provide honest feedback.
• Hold employees accountable.
• Maintain professionalism in all interactions.

Final Thoughts

Workplaces thrive on open communication, clear expectations, and mutual respect. While it’s essential to support employees, organisations must also ensure that managers feel empowered to address performance and conduct issues constructively. This case highlights that reasonable management actions, when executed fairly, will be supported by the FWC.

For those interested, this decision is publicly available under the reference [2024] FWC 3569. It serves as a valuable reminder that upholding professionalism and consistency is key to effective workplace management.