You could be forgiven for thinking that employment laws have gone mad following the Fair Work Commission’s (FWC) decision that Facebook unfriending constituted bullying in the workplace. 
Did this really happen? Or did the facts get lost in all the confusion and hype? The bottom line answer is yes it did constitute bullying, but there are reasons why the FWC came to this decision.
Some background.
The case is based on events that took place in a real estate office in Launceston Tasmania where Mrs Bird, a sales agent, alleged that her supervisor Mrs Roberts bullied her. Mrs Bird acted towards Ms Roberts in ways that were belittling or humiliating. She ignored Ms Roberts and treated her differently to the other employees, and damaged her reputation with customers. You can find a full list of her behaviour here. The unfriending incident occurred after a confrontation when Mrs Bird called Ms Roberts “a naughty little school girl running to the teacher” when Ms Roberts asked the principal Mr Bird why her property listings were not displayed in the front window. The unfriending acted as a tangible act that lent support to Ms Roberts’ recounting of the repeated bullying, and the Commission accepted it as evidence of Mrs Bird’s emotional immaturity and unreasonable behaviour.
What is bullying in the workplace?
According to the Fair Work Commission, an employee is bullied at work if • a person or group of people repeatedly act unreasonably towards him/her or a group of workers; and • the behaviour creates a risk to health and safety. Looking at these guidelines, a one-off incident such as unfriending a colleague on Facebook would NOT constitute bullying behaviour and would not give someone the right to apply to the FWC. But in Ms Roberts’s case the unfriending was part of an ongoing campaign of unacceptable behaviour that posed a risk to her health. Ms Roberts had been diagnosed with depression and anxiety. She was being treated by a psychologist and was taking medication. Therefore the FWC was satisfied that the bullying behaviour had affected her health and safety.
What can you do about bullying in the workplace?
If you experience bullying behaviour at work, the first step is to raise the issue with supervisor’s or the HR staff if you can do so. Employers have a duty of care and should take such discussions very seriously. Failing that, employees can lodge an application with the FWC to address and stop bullying behaviour in the workplace. See this Anti-Bullying Guide for more information. If you want to read more about Ms Roberts case in Tasmania go here.
