Read Decision: 2025fwc2365.pdf
The Fair Work Commission (FWC) has dismissed a claim by a worker who alleged that her employer’s refusal to allow her to continue working remotely and to take a second job constituted workplace bullying under the Fair Work Act 2009.
The employee lodged the claim against her employer, Mallee Family Care Ltd, and a named individual, asserting that she had been unfairly singled out and subjected to repeated unreasonable conduct. She claimed this resulted in anxiety and emotional distress, supported by a doctor’s certificate.
The dispute centred on the employee’s request to maintain her remote work arrangements while also undertaking a second job. The employer declined these requests.
Deputy President Alan Colman found that the employer’s requirements, to attend the workplace and limit outside employment, did not constitute bullying. There was no evidence of repeated or unreasonable behaviour, and while the employee was upset, her distress did not result from a health and safety risk.
Deputy President Colman emphasised that while employees may be disappointed or frustrated when their preferred working arrangements are not accommodated, this alone does not amount to bullying. “An anti-bullying claim requires conduct that is intrinsically of a bullying nature,” he noted, which was not present in this case.
The application was formally dismissed on 13 August 2025, reinforcing that workplace bullying must meet the specific legal definition under the Fair Work Act, and that this case was, rather, a dispute over employment arrangements.
Having difficulty reaching agreement with an employee regarding workplace policies or requirements? The MBA ACT Workplace Relations Team is available to provide advice and support. Contact us at (02) 6175 5900 or workplace@mba.org.au.
