Unreasonable behaviour is that which a reasonable person, having regard to the circumstances, may consider to be unreasonable — conduct which lacks 'an evident and intelligible justification'.

Conduct which one might expect to find in a course of repeated unreasonable behaviour that constituted bullying at work includes: intimidation, coercion, threats, humiliation, shouting, sarcasm, victimisation, terrorising, singling-out, malicious pranks, physical abuse, emotional abuse, belittling, bad faith, harassment, conspiracy to harm, ganging-up, isolation, freezing-out, ostracism, innuendo, rumour-mongering, disrespect, mobbing, mocking, victim blaming and discrimination.

Unreasonable behaviour is that which a reasonable person, having regard to the circumstances, may consider to be unreasonable – conduct which lacks 'an evident and intelligible justification'.

The requirement for repeated unreasonable behaviour and the causal link between behaviour and risk to health and safety. There is no specific number of incidents required, and the behaviour need not be the only risk provided it was a substantial cause viewed in a common sense and practical way.

The definition and characterisation of bullying at work requires consideration of whether behaviour can be objectively characterised as persistent conduct of a bullying nature.

Principles applied concerning the definition of bullying at work and the requirement that behaviour create a risk to health and safety.

Ascertainment of 'unreasonable behaviour' requires application of an objective test having regard to all relevant circumstances. There is no specific number of incidents required for 'repeatedly' behaving unreasonably.

Consideration of whether an individual or group 'repeatedly behaves unreasonably' requires a purposive approach; 'unreasonableness is a conclusion which may be applied to a decision which lacks an evident and intelligible justification'.

The concept of individuals repeatedly behaving unreasonably implies persistent unreasonable behaviour and may refer to a range of behaviours over time. There is no specific number of incidents required and the same specific behaviour does not have to be repeated. Unreasonable behaviour is behaviour that a reasonable person having regard to the circumstances may consider to be unreasonable (objective test).

'Repeatedly behaves unreasonably' appears in a definition provision, which aids statutory construction but is not to be interpreted in isolation in a way that negates the evident policy or purpose of the substantive enactment. Part 6-4B has the evident purpose of establishing a mechanism by which bullying of workers at work may be stopped. In interpreting 'repeatedly behaves unreasonably', the concept must not be divorced from that purpose. Consideration losing sight of the objective and subject matter may lead to provisions not achieving intended purposes or being used unintentionally.

The concept of individuals 'repeatedly behaving' unreasonably implies the existence of persistent unreasonable behaviour but might refer to a range of behaviours over time. There is no specific number of incidents required for the behaviour to represent 'repeatedly' behaving unreasonably (provided there is more than one occurrence), nor does it appear that the same specific behaviour has to be repeated.

The concept of individuals 'repeatedly behaving' unreasonably implies the existence of persistent unreasonable behaviour but might refer to a range of behaviours over time. There is no specific number of incidents required for the behaviour to represent 'repeatedly' behaving unreasonably (provided there is more than one occurrence), nor does it appear that the same specific behaviour has to be repeated.