Re SB

The case of Re SB involved an application before the Fair Work Commission for an order to stop bullying. The applicant, a manager, alleged that employees she supervised were engaging in bullying behaviour by making bullying allegations against her and others, as well as other unreasonable conduct. The applicant also claimed a lack of management support. The dispute centred on whether the individuals' conduct was repeatedly unreasonable so as to create a risk to health and safety under the applicable legislation. Additionally, the court needed to determine whether the application was merely a response to the bullying allegations being made against the applicant.

In assessing the evidence, the court examined the role of an external investigation and the nature of the conduct in question. While some conduct was found to be bordering on unreasonable, it did not meet the statutory definition of bullying. The court held that there was no basis to make an order under the legislation, as the conduct did not constitute bullying. Consequently, the application was dismissed.

The court's reasoning was grounded in the statutory requirements for an anti-bullying order, which necessitate that the behaviour in question must be severe, repeated, and unreasonable. The court found that the conduct in this case, while concerning, did not reach the threshold required by the legislation. As a result, the application was dismissed, and no order was made.