ANTI-BULLYING – repeated behaviour – reasonable management action – ss.789FC, 789FD Fair Work Act 2009 – application for an order to stop bullying – applicant worked as casual food employee and bar attendant at Park Beach Bowling Club Limited (the Club) – made application for order to stop bullying against CEO and Administration and Events Manager as persons she alleged engaged in bullying behaviour – applicant also sought order that warning issued to her by Club on 18 October 2016 be withdrawn or retracted – Commission considered test for what constitutes bullying under FW Act – test is objective – behaviour is unreasonable if a reasonable person, having regard to the circumstances, may consider it to be unreasonable – apparent from the reference to ‘repeatedly’ in s.789FD(1) of the FW Act that a one-off incident will not be a sufficient basis for the making of an application to the Commission [Re SB] – provided there is more than one occurrence, there is no specific number of incidents required to meet the condition of ‘repeated’ behaviour, nor does the same specific behaviour have to be repeated [GC] – necessary to also undertake objective assessment of action to determine whether action constitutes reasonable management action [Re SB] – allegations of bullying behaviour were limited to four instances – first instance of alleged bullying related to the Club’s investigation into complaints made by employees against applicant – second instance related to an allegation that applicant was spoken to for being rude and insubordinate towards Bar Coordinator – third instance related to an alleged failure to conduct an investigation into a matter involving applicant in a fair and equitable manner – fourth instance concerned a complaint made by applicant against Bar Coordinator – evidence was given in proceedings in relation to some of the ways in which applicant refused to obey directions given to her by supervisors and managers at work – Club accepted that warning letter dated 18 October 2016 was not appropriate and was unreasonable disciplinary measure – Commission found that warning letter issued to applicant by Club Chairman was unreasonable behaviour and was not reasonable management action carried out in reasonable manner – having considered other allegations by the applicant, Commission not satisfied there had been any repeat of any unreasonable behaviour towards applicant by individual or group of individuals at work – Commission found applicant had not been bullied at work within s.789FD – application dismissed. Brown v Park Beach Bowling Club Limited v Ors
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