The mysterious case of ‘Ms SB’ — Fair Work Commission hands down first bullying decision

By Gareth Jolly and Kelsey Hunter

What happened?
Four months after they commenced, the Fair Work Commission has handed down its first substantive decision under the new anti-bullying laws.

In the decision, commissioner Hampton rejected a claim by a manager that she had been bullied by two subordinates. Importantly, in his decision, he closely examined the statutory provisions — including the reasonable management actions exclusion.

What does it mean?
The names of those involved are protected by confidentiality orders, as the employment relationship is ongoing. For readability, we will use fictitious names…

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