An Apple employee was given a letter of warning. He was not happy with the outcome of the investigation and so he sought a stop bullying order from the Fair Work Commission. The Commission concluded that the treatment of the employee was not bullying, and there was no risk of ongoing bulling.

Different management styles can lead to upset employees, but the Commission noted that “the incompatibility of personality styles as a phenomenon within the workplace, and any resulting friction that can occur, does not constitute bullying under the Act.”

Take Out Point:Reasonable management action conducted in a reasonable manner is not bullying. Give us a call if you need advice on how to navigate lawful performance management.

See: Whiteford [2024] FWC 552 (3 March 2024)

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