The employee, a hotel guest service agent, made a ‘broad-ranging application’ for a stop-bullying order after claiming he had experienced bullying in the workplace and was rejected for a promotion to a supervisor role. The applicant alleged ‘degrading comments’ were made against him.

When the complaint was raised with the HR director, the applicant claims it was ‘unprofessionally mishandled’ and that the HR director failed to offer him the supervisor promotion.

The applicant submits that he was treated unfairly by his manager due to his ethnicity and sexual orientation, and that the alleged bullying had “significant consequences on his health and wellbeing, causing him to suffer depression, anxiety … and poorer work performance”.

The complaint of workplace bullying was raised to the HR director who advised that this was not workplace bullying and urged the applicant to confirm what happened, when, and the ‘pattern’ of behaviour.

Additionally, the applicant argued that his mental health condition was used to deny him a promotion.

The applicant sought a remedy of a third-party investigation, his manager be demoted, and that he receives a supervisor role promotion.

The respondent argued that the requested orders fell outside of the FWC’s jurisdiction and that the discussions between the applicant and manager/HR manager were ‘misconstrued or misapprehended’. It submitted that those comments were made in the context of the employee’s role and his concerns about the desired promotion, and that the applicant’s evidence was not clear in alleging the conduct posed a risk to his health and safety.

Decision

The FWC held that although several comments made by the manager were ‘unfortunate’ and not amusing to the employee, they did not constitute bullying.

It acknowledged that the comments were made “in a light-hearted manner and not intended to involve feelings of ridicule and worthlessness in the Applicant”, even though such comments, no matter how innocent they may be, can be detrimental to one’s mental health. The FWC also noted that “being a firm supervisor does not constitute bullying behaviour”.

The FWC did not believe the HR manager had bullied the applicant, and that she “acted in accordance with her obligations and duties”. The employee was also had been offered a team leader role rather than the supervisor’s role, which “was still a promotion for the applicant”.

Learnings for business

Although bullying was not found to be evident in this scenario, this case highlights the importance of maintaining professionalism in the workplace and implementing adequate sensitivity and cultural awareness training to mitigate behaviour that could result in potential bullying claims.

It is also important to ensure that action in response to such claims remains within the definition of “reasonable management action”, including making decisions in accordance with company policies and procedures.

How the Victorian Chamber can assist

For assistance on any aspect of your employment obligations, please call the Victorian Chamber Workplace Relations Advice Line on 8662 5222.

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