ANTI-BULLYING – reasonable management action – repeated behaviour – s.789FC Fair Work Act 2009 – application for order to stop bullying – applicant employed by SA Mushrooms for approximately six years as mushroom grower – alleged he had been subject of bullying conduct since November 2016 by General Manager, Mr Brian Tipper, and Managing Director and Chief Executive Officer, Mr Nick Fernia – Commission noted this was second application by applicant with first application made in November 2016, which was discontinued following parties accepting recommendations of Commission – current application pursued, in part, on basis of alleged failure by employer parties to appropriately implement agreement to Commission’s recommendations – applicant claimed he had been bullied by way of both exclusionary conduct and unreasonable disciplinary action by management including being removed from out of hours contact list, being denied remote computer access, being denied mobile phone use whilst at work, being denied first aid certificate training, having work duties altered to his detriment, being offered part time work when he wished to remain full time, and being subjected to an unfair disciplinary process – Commission found claims in relation to exclusionary conduct unfounded – applicant claimed that warnings given in relation to alleged failure to protect casing structure which enclosed soil and growing mushrooms unfairly administered – Commission satisfied that warnings were issued based on genuine belief that they were justified – found that events on 24 May where Mr Fernia used loud and insulting language, whilst in the heat of the moment, was likely to offend long-serving employee and make him feel anxious and insecure about job security – regardless, found that warnings and Performance Improvement Programme was reasonable management action taken in reasonable manner – Commission found one instance of unreasonable management action taking place following application being lodged – incident involved letter issued by SA Mushrooms on 10 August in relation to applicant’s late attendance back at work following Commission conference – Commission not satisfied that criticism of applicant’s lateness could be sustained and considered it unreasonable management action – however, conduct not repeated – reaffirmed Recommendations made on 20 July that applicant be provided access to first aid training, that SA Mushrooms review operation of its ‘no mobile phones whilst working’ policy and that applicant be provided with opportunity to have support person at any further formal disciplinary meetings – further recommended letter of 10 August 2017 be withdrawn – application dismissed. Mr Stefan
