Sarcasm and unprofessional manner not workplace bullying
Tuesday, 11 September 2012
Friday, 07 September 2012 2:02pm
A Queensland supervisor's occasional "unprofessional and
inappropriate" communication style did not amount to workplace bullying
and harassment, Fair Work Australia has found in upholding her unfair dismissal
claim.
In October 2011, a Torres Strait Islander Corporation Health Services employee
complained to her employer that the supervisor had bullied and harassed her.
Several weeks later, the supervisor's employment was terminated, after an
independent investigation found she had breached the employer's code of conduct
in behaving in an "aggressive, threatening and bullying manner"
towards the worker over a two-year period.
The supervisor lodged an unfair dismissal claim.
FWA Commissioner Chris Simpson heard that among a host of allegations, the
supervisor was accused of verbally abusing the worker on the phone.
She also allegedly told the worker in a sarcastic tone that the worker deserved
the employee-of-the-year award, after the worker accused her, at a staff
meeting, of stealing an idea.
The supervisor's response was "defensive" but "not completely
surprising", Commissioner Simpson said.
"[The worker's] clear insinuation was that [the supervisor] had taken her
idea and proposed it as her own.
"[The challenge would] have been embarrassing for any manager and although
[the supervisor's] retaliation was unprofessional and inappropriate it needs to
be seen in its proper context.
"Even accepting [the worker's] version it is not a clear case of workplace
bulling or harassment."
Commissioner Simpson found a number of the other allegations were not supported
by evidence.
"The evidence does indicate [the supervisor's] communication style toward
[the worker] was at times unprofessional and inappropriate... I am not
satisfied however it rose to a level that was bullying and harassment of a kind
justifying dismissal," he said.
"It would seem the [employer] had more appropriate options available under
[its bullying-prevention policy].
"The policy says that if a complaint is substantiated... possible disciplinary
action can include a verbal or written apology; transfer to another position;
warning notes on file; demotion, or termination. Termination was too
harsh."
Commissioner Simpson ordered the employer to pay the supervisor $5883 in
damages.
