ANTI-BULLYING – reasonable management action – ss.604, 789FC Fair Work Act 2009 – permission to appeal – Full Bench – at first instance the Commission dismissed the appellant’s application for an order to stop bullying on the basis that the action taken was reasonable management actions taken in a reasonable manner – allegations of bullying were primarily based on the conduct of the appellant’s managers in managing his performance – appellant submitted that permission to appeal should be granted as the Commissioner’s decision involved significant errors of fact and the Commissioner failed to take certain material into account – Full Bench considered Commissioner’s adoption of observations in Re SB regarding whether management action is reasonable – observations represent a helpful outline of the approach – Full Bench found the Commissioner applied the correct statutory test and applied appropriate observations regarding that test from precious cases – evidence of the circumstances was considered in detail and an assessment of the evidence was made in relation to the statutory rest – Full Bench not satisfied there was any error of principle, any material mistake of fact, any failure to have regard to a relevant consideration, or any reliance on an irrelevant consideration – did not consider that the result involved a substantial wrong – appellant essentially seeks to recast the circumstances in an effort to establish that a different result should have been reached – no appealable error or error in the exercise of the discretion vested in the Commission – permission to appeal refused. Appeal by Aly against decision of Bissett C of 10 August 2015 [[2015] FWC 4419] Re: Commonwealth Securities Limited and Ors
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