The Management Action Exception

Reasonable management action is defined as being ‘management action’ that is:

• taken in a reasonable way, and

• reasonable in all the circumstances.

Examples include:

• appraisal of or feedback about the worker’s performance,

• counselling of the worker,

• demotion, redeployment or retrenchment of the worker,

• disciplinary action taken in relation to the worker’s employment,

• dismissal of the worker,

• investigation by the worker’s employer of alleged misconduct—

  • by the worker, or

  • of another person relating to the employer’s workforce in which the worker was involved or to which the worker was a witness,

• promotion of the worker, including a worker being unsuccessful in a promotion,

• provision of leave of absence to the worker,

• provision to the worker of a benefit connected with the worker’s employment,

• reclassification of the worker’s employment position,

• suspension or stand-down of the worker’s employment,

• training a worker in relation to the worker’s employment,

• transfer of the worker’s employment,

• communication in connection with an action mentioned in any of the above examples.