We continue to see workers compensation claims being lodged for bullying and harassment in the workplace. Typically, these claims have stemmed from either formal or informal performance management conversations.
Any employee receiving feedback regarding their underperformance in the workplace is likely to feel stressed and anxious, however in the Fair Work Act there is a section in the legislation that prevents claims being lodged for this reason. This is dependent on the management action being reasonable. The Fair Work Act Section 789FD(2) identifies that reasonable management action will not be considered bullying if it is carried out in a reasonable manner, however the term reasonable is a loose term and is not clearly defined within the legislation. Fair Work however identifies when Management action is reasonable as well as also what is a reasonable manner.
What can you do to ensure your management plan is reasonable?
We suggest ensuring that your policies and procedures are up to date and that they are strictly adhered to when addressing poor performance in the workplace.
Keep a record of all interactions to ensure you are able to demonstrate that the action taken was reasonable. The key areas to document are;
- What led to the management action being taken
- How the management action was undertaken
- The outcome and consequences of the management action
In workers compensation currently there are no guarantees bullying or harassment claim will be declined, however these are important steps to minimise your risks.
The Fair Work Commission identifies examples and 28 court cases providing legal precedence. For further information, please refer to the article identifies below or contact our team for support.
Source: Fair Work Commission
Title: When is a worker bullied at work?
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