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.
Leave a Comment