ANTI-BULLYING – bullied at work – reasonable management action – risk to health and safety – s.789FC Fair Work Act 2009 – application for an order to stop bullying – applicant alleged bullying by two co-workers which posed a real and significant threat to his health and safety – respondent submitted various incidents relied on by applicant did not constitute bullying within the meaning of FW Act, the applicant had not been subjected to unreasonable behaviour, the alleged behaviour did not create a risk to health and safety, and that the actions taken by management were reasonable management actions carried out in a reasonable manner – the fact that applicant was earlier certified as being unfit for work was relevant and indicative of risk to health and safety, but was not conclusive in its own right, as relevant medical practitioners were dealing with combined impact of a range of work and non-work factors – Commission held that many of the incidents relied on by the applicant were not supported by evidence and did not constitute unreasonable conduct, but that three incidents could potentially be considered unreasonable behaviour – on balance, Commission not satisfied that these incidents were unreasonable behaviour within the meaning of FW Act – Commission suggested that observations made regarding respondent’s workplace grievance procedures and role of middle management be considered by management. Mr Perez
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