A working definition of workplace bullying adopted by parties in prior cases does not constitute a binding legal test that must be applied in every workplace bullying claim. Employer conduct that is clumsy, inept, or procedurally deficient in disciplinary processes does not necessarily amount to bullying, even where the conduct is criticised by the court. The duty of care owed by an employer in respect of psychiatric injury is only engaged when such injury to the particular employee is reasonably foreseeable. Disciplinary procedure manuals expressed in descriptive and discretionary language (using 'should' rather than 'must') are unlikely to be found to have contractual effect.
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