What is “Reasonable Management Action” under the new bullying jurisdiction?

In a recent ruling by the Fair Work Commission under the new bullying jurisdiction, our industrial umpire has provided a little more guidance for employers on the definition of what is considered to be “reasonable management action”. 

  • Management actions do not need to be perfect or ideal to be considered reasonable;
  • A course of action may still be “reasonable” even if particular steps are not;
  • To be considered reasonable, the action must also be lawful and not be ‘irrational, absurd or ridiculous’;
  • The “actual” action needed to be considered, rather than the applicant’s perception of it; and
  • It might be relevant to consider whether the action involved a significant departure from established policies or procedures, and if so, whether the departure was reasonable in the circumstances. 

 

 

 

 

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