1st September 2025
By Joseph Kelly, Kelly Workplace Lawyers
Bullying Cases Round-Up
The bullying jurisdiction at the Fair Work Commission (FWC) has been very busy lately, with a number of cases giving us a clearer idea on what the FWC will and won’t consider to be bullying.
All bullying claims at FWC must prove two things:
- Repeated unreasonable behaviour; and
- The unreasonable behaviour creates a risk to health and safety.
No Contact, No Bullying
In a particularly large bullying complaint, where the Applicant made 18 bullying complaints against 11 employees, the FWC removed one of the named co-workers from the proceedings after noting that the evidence showed that the co-worker “never met or spoke with” the Applicant.
The removed co-worker was the employer’s in-house lawyer whose interaction with the Applicant was limited to emailing the employer’s response to the bullying claims to the FWC and attending a conciliation conference.
Take-home: If you haven’t interacted with someone, it’s unlikely they can be found to have subjected you to “repeated unreasonable behaviour”.
See: Applicant [2025] FWC 2459 (22 August 2025)
Return To Workplace Direction Is Not Bullying
The Applicant in this case had enjoyed flexible work arrangements that included working from home had working a second job. When the Applicant’s employer sought to change these arrangements by directing the Applicant to wok from the employer’s office and not work for other employers, the Applicant brought an application for a Stop Bullying Order to FWC on the grounds that she was ‘singled out’ and treated differently from other employees.
The FWC found that the dispute was simply one about working arrangements and did not evidence any repeated unreasonable behaviour or any risk to health and safety.
Take-home: While an employee may not agree with an employer’s decision, this of itself is unlikely to meet the definition of bullying.
See: Application by Ms Emily Craig [2025] FWC 2365 (13 August 2025)
Performance Review Not Bullying
After receiving three ‘exceeding expectations’ ratings in a row, an employee was shocked when her new manager gave her an ‘achieving expectations’ rating. This led to conflict between the Applicant and her supervisor that ultimately led to the filing of the application for a Stop Bullying Order.
In its decision, the FWC found that “To the extent that [they] provided feedback to the applicant I consider that the feedback was reasonable and carried out in a reasonable manner.”
Take-home: Performance reviews are an expected part of being an employee. Unless the feedback give is ‘unreasonable’ and/or given in an ‘unreasonable manner’, it will not be considered “repeated unreasonable behaviour”.
If in doubt, contact KWL and we can let you know what your legal rights are.
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