Firm management is not bullying

Recently, there was a fascinating case of alleged workplace bullying heard by the Fair Work Commission. The case concerned Mr Wang, a guest service agent at a Hilton Hotel in Darwin and his superior, Ms Lin, the Guest Relations Manager. Mr Wang alleged that Ms Lin had bullied him while at work and through social media outside of work. He decided to take legal action against Darwin International Hotels Pty Ltd after the Hilton Darwin HR Manager, Ms Jackson, dismissed his concerns that Ms Lin had bullied him and when he was subsequently passed over for a promotion.

The Employee’s Position

Mr Wang alleged that Ms Lin had made degrading comments towards him concerning his employment, ethnicity, orientation, and visa status. He also alleged that her conduct towards him was bullying as she was not supportive of him at work, repeatedly blocked and unblocked him on Facebook and would interrupt him while he interacted with guests at the hotel. This treatment and workplace conditions negatively impacted his mental health, resulting in him suffering from depression, anxiety, sleep disturbances and heightened stress levels. This formed the cornerstone of his argument

He also alleged that he had been unfairly denied a promotion to supervisor and that the HR Manager had justified this decision based on the state of his mental health, which has declined significantly as a result of his treatment.

In addition to being promoted to Front Office Supervisor, Mr Wang sought Orders that would have Ms Lin demoted to a Guest Service Agent, that a third-party investigation of how he was treated be carried out and that Darwin International Hotels could not place him on any Performance Improvement Plans or have to engage in any disciplinary action processes.

The Employer’s Position

The Respondent argued that Ms Lin and Ms Jackson did not behave unreasonably when dealing with Mr Wang and that he had not been bullied. Instead, they alleged that the Applicant misunderstood and misinterpreted his discussions with Ms Jackson and Ms Lin about his role, responsibilities, and ongoing employment prospects. Most notably, it turned out that while Mr Wang had been passed over for the supervisor position, he had been offered a promotion to a team leader role, which would not increase his stress levels.

They also noted that the Orders that Mr Wang was seeking were not within the power of the Fair Work Commission to make and that the orders sought seemed to focus on punishing Ms Jackson and Ms Lin.

The Fair Work Commission’s Decision

Commissioner Riordan found in favour of the Employer, noting that Mr Wang had not been bullied by Ms Lin and that being a firm Supervisor did not constitute bullying as she needed a firm hand to manage the staff. The Commissioner noted that Ms Jackson was simply doing her job when she did. not promote Mr Wang to a supervisor position and that this decision was made in his best interest, as she had considered his stress levels when determining his suitability for the position.

However, the Commissioner did advise that Ms Lin’s comments about Mr Wang’s orientation, employment security and visa status, while not bullying, were unfortunate. Even if the comments were made in a light-hearted manner and not intended to make Mr Wang feel worthless or ridiculed, she should have been aware that they could cause anxiety or depression. He did note that comments that are inappropriate in one context could be viewed as good natured and light-hearted banter between friends.

Key take away for Employers

There are several key takeaways from this case some more simple than others. The first and foremost is that acting in the best interest of your employee is not bullying, provided you act in an appropriate and professional manner. Ms Jackson’s decision to not promote Mr Wang to a supervisor role was made in his best interest as she did not want to exacerbate his stress levels, instead offering him the less stressful team leader role.

The second takeaway is that being a firm supervisor does not constitute bullying. When Ms Lin stepped in and took over the check-in process it was because she was acting in accordance with her position of Guests Relations Manager. This was also the case when she closely managed Mr Wang’s interactions with customers.

The third takeaway is rather simple, don’t make inappropriate comments in the workplace as this is inappropriate and may give rise to bullying claims. While it may be light-hearted and good natured in a social setting, it may not be appropriate to do so at work.

If your employment contracts need to be brought up to date and your workplace policies are due for a review, at Voice Lawyers, we hear you and can help.

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