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Stop-bullying application rejected

An employee who claimed his new team leader micromanaged and bullied him has had his stop-bullying application rejected, after the Fair Work Commission found her behaviour "abrupt" but not repeated or unreasonable.
The Bunnings Warehouse employee claimed that in May 2016 the new team leader asked him about his face – the left side of his face "droops" and he is unable to move his left arm – which he found "deeply disrespectful and hurtful".
A few weeks later, the team leader on two occasions confronted him and questioned why he was in different sections of the store, he told the Commission, noting he believed he was being singled out and treated differently from colleagues.
He contacted the store manager to discuss the issue but was told she was too busy to speak with him, and he subsequently took two days off because of work-related stress.
The employee claimed that when he returned to work, the employer suspended him but didn't tell him why it was doing so. He was then told it was investigating the team leader's complaint about his reaction to her enquiring of his whereabouts in the store.
He also made a complaint, and an investigation found one of his allegations about the team leader was substantiated, as were some of the team leader's allegations. The employee received a first and final warning, and the team leader received counselling.
Fair Work Commissioner Gregory found the team leader raising the issue of the employee's appearance was "at best, insensitive and inappropriate".
But he found it reasonable for her to understand where he was in the store and what he was doing.
"She is a strong personality who has an equally strong commitment to her role at work. Her manner and her actions in the circumstances might also have been somewhat abrupt, and she might well have handled the situation with more sensitivity," he said, finding this wasn't enough to conclude the employee was bullied.
Commissioner Gregory noted some "concerning aspects" of the employer's process in dealing with the employee: he was suspended from work without being told why, and only found out after contacting the HR manager.
Further, it was "regrettable that senior managers in the store were not prepared to make themselves available to speak to [the employee] about his concerns", he said.

Originally published at HR Daily
https://www.hrdaily.com.au/nl06_news_selected.php?act=2&nav=13&selkey=4679

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