Addressing poor performance, investigating misconduct, and the surrounding workplace conversations are rarely easy. These situations can be stressful for everyone involved and, at times, employees may perceive management action as workplace bullying. 

While every bullying complaint should be taken seriously, employers should remember that the law recognises they have both the right and the responsibility to manage their workforce. Not every uncomfortable conversation or disciplinary process amounts to bullying. The key question is whether the employer’s actions constitute reasonable management action carried out in a reasonable manner. 

Understanding this distinction can help employers confidently manage performance while reducing legal risk. 

What is workplace bullying? 

Under the Fair Work Act, workplace bullying occurs when an individual or group repeatedly behaves unreasonably towards a worker while they are at work, the behaviour creates a risk to health and safety, and it is not reasonable management action carried out in a reasonable manner.

Importantly, the law does not prevent employers from supervising employees, providing feedback or taking disciplinary action. In fact, these are essential management functions. An employee may feel upset or disappointed by these processes, but that alone does not mean bullying has occurred.

Reasonable management action and psychosocial hazards

Employers also have obligations under the Work Health and Safety Act to eliminate or minimise psychosocial risks, so far as is reasonably practicable. Workplace bullying is recognised as a psychosocial hazard and should be addressed appropriately.

Effective performance management, when conducted fairly and respectfully, is an important part of maintaining a safe and productive workplace. Failing to address behavioural or performance issues can create its own psychosocial risks for other workers, including increased workloads, workplace conflict, and reduced morale.

What is reasonable management action? 

Reasonable management action includes legitimate decisions made in connection with managing a workplace. 

Examples include: 

• conducting performance reviews;
• providing constructive feedback;
• setting reasonable performance expectations;
• directing employees to comply with workplace policies;
• investigating complaints or misconduct;
• issuing disciplinary action where appropriate;
• allocating work or changing duties for operational reasons; and
• monitoring attendance or productivity.

These actions are often necessary to ensure a workplace operates effectively. The focus is not simply on what action was taken, but on how it was carried out. 

It’s the manner that matters

A management decision that is reasonable can still become problematic if it is implemented in an unreasonable way. 

For example, if a manager has concerns about an employee’s performance, it is generally appropriate to discuss those concerns privately, provide specific examples, allow the employee an opportunity to respond, and clearly outline expectations for improvement. 

However, repeatedly criticising an employee in front of colleagues, using disrespectful language or making personal attacks may undermine what would otherwise have been legitimate management action.

Employers should therefore ensure managers approach difficult conversations professionally, objectively and respectfully. 

When management action is mistaken for bullying 

It is not uncommon for employees to feel they are being bullied when they are subject to performance management or disciplinary action. 

This perception may arise because management processes often involve increased supervision, formal meetings, written warnings or investigations, all of which can be uncomfortable or stressful. 

While employers should acknowledge these concerns, they should also recognise that a genuine perception of bullying does not necessarily mean bullying has occurred. 

Clear communication about why action is being taken, together with procedural fairness throughout the process, can help reduce misunderstandings. 

Example: Managing missed deadlines 

An employee, Emma, has repeatedly failed to meet agreed deadlines. 

Her manager arranges a private meeting, explains the concerns using specific examples, listens to Emma’s explanation and develops a performance improvement plan with regular review meetings. Emma is advised that if her performance does not improve, disciplinary action may follow. 

Although Emma leaves the meeting feeling upset, the manager has addressed legitimate performance concerns respectfully and fairly. This is likely to be considered reasonable management action rather than workplace bullying. 

Example: Poor attendance 

A manager has concerns about an employee, Jack’s, attendance. 

Instead of discussing the issue privately, the manager frequently criticises Jack in front of his colleagues, makes sarcastic remarks about his reliability and repeatedly threatens dismissal without following any formal process. 

Managing attendance is a legitimate management responsibility. However, the repeated public humiliation and intimidating conduct may no longer be considered reasonable management action and could expose the employer to bullying allegations. 

Practical tips for employers 

Employers can reduce the risk of bullying complaints by ensuring managers understand how to exercise their authority appropriately. 

Some practical steps include: 

• addressing issues promptly before they escalate;
• holding sensitive conversations in private;
• remaining calm, respectful and objective;
• focusing on behaviour and performance rather than personal characteristics;
• allowing employees an opportunity to respond;
• applying policies consistently across the workforce; and
• keeping accurate records of meetings and decisions.

Training managers to have difficult conversations confidently and respectfully can also help minimise disputes. 

How can Business Chamber Queensland help? 

If employers are unsure whether a workplace issue amounts to reasonable management action, or have concerns about managing performance, misconduct or bullying risks, Business Chamber Queensland can help businesses to understand obligations and decide on the most appropriate next steps.

Our workplace relations team can provide practical guidance on performance management processes, responding to bullying complaints, applying procedural fairness and reducing psychosocial risks in your workplace.

Before taking action, or if there is already a complex workplace matter, contact Business Chamber Queensland for tailored support to help manage the issue fairly, confidently and in line with the legal obligations.