Anti-bullying material released by the Fair Work Commission provides much-needed clarity around the new laws, and what is considered bullying and reasonable management action, says employment lawyer Lesley Maclou.
HR departments too often fail to take a risk-management approach to decisions affecting people, exposing themselves to potential liability under the model work health and safety laws, according to safety and employment lawyer Fiona Austin.
Performance reviews and disciplinary processes that can withstand outside scrutiny will become even more critical when the Fair Work anti-bullying regime comes into force next year, according to DLA Piper partner Murray Procter.
The question of whether certain behaviours constitute bullying or are just the consequence of abrasive personalities is so problematic that employers should shift their focus to the prevention of both, says HR Business Direction's organisational psychologist Trish Cloete.
Traumatic experiences such as workplace bullying not only affect the employees who are directly involved, but also those who support them, and "vicarious trauma" can have a serious impact on a worker's health and productivity, according to employment lawyer Josh Bornstein.
As the Fair Work Commission's anti-bullying regime starts to take shape, an industrial barrister has compiled a list of 13 issues employers should consider when preparing to defend a claim.
Smartphone technology has made it relatively easy for employees to secretly record disciplinary or performance conversations, says Ashurst Australia partner Marie-Claire Foley, who warns that unlawfully obtained evidence can be admissible in court.
Employers shouldn't assume that every employee who claims to have been hurt, embarrassed, or humiliated has been bullied, the Fair Work Commission has warned, after finding a worker was unfairly sacked over allegations made by a "sensitive" colleague.
Employers should not view workplace bullying and harassment only as something to take seriously in the event of a complaint, but as "part of core business", according to occupational psychologist Dr Moira Jenkins.
Recent changes to the Fair Work Act provide further motivation for employers to ensure their staff know what bullying is - and what it's not, according to Workplace Solutions director Fay Calderone.
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