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Jane Hall - Westgarth - Protecting your business from a bullying claim
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Jane Hall - Westgarth - Protecting your business from a bullying claim

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Jane Hall delivered the presentation at 2014 Workplace Bullying Conference. …

Jane Hall delivered the presentation at 2014 Workplace Bullying Conference.

The Workplace Bullying Conference 2014 focused on the effects of the legislative changes to date and on implementing practical policies and programs for bullying prevention.

For more information about the event, please visit: http://www.informa.com.au/workplacebullyingevent14

Published in Health & Medicine , Career
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  • 1. 1 WORKPLACE BULLYING Presenter: Jane Hall 21 May 2014 11079260/1
  • 2. 22 FOCUS FOR THIS BRIEFING Understanding the complex legal framework and the risks What is Bullying? Legal Compliance BULLYING PRESENTATION 21 May 2014 Anti-bullying laws and their relationship with WHS laws
  • 3. 3BULLYING PRESENTATION The complex legal framework Improvement Notice (WHS) Investigation (WHS) Prosecutions (WHS) Discrimination claims Workers compensation claims Breach of contract Industrial issues Unfair dismissal claims General protections claims Fair Work Commission Intervention Orders Brodie’s law 21 May 2014
  • 4. 44 THE PROVISIONS OF THE FAIR WORK ACT 2009 WHAT IS BULLYING? • S.789FD(1) and (2) – when is a worker bullied at work? • A worker is bullied if: • While at work in a constitutionally – covered business; • An individual or group repeatedly behaves unreasonably towards the worker or a group of workers; and • The behaviour creates a risk to health and safety. BULLYING PRESENTATION 21 May 2014
  • 5. 5 WHAT IT IS NOT • Bullying does not include reasonable management action carried out in a reasonable manner • One off instances of rudeness or insensitivity: – do not amount to bullying – although unacceptable (and counter productive to cooperative and harmonious workplace relation) BULLYING PRESENTATION 21 May 2014
  • 6. 6 OTHER DEFINITIONS • “Workplace bullying is characterised by persistent and repeated negative behaviour directed at an employee that creates a risk to health and safety” Workplace bullying – prevention and response – WorkSafe Guide, October 2012 • “Workplace bullying is defined as repeated and unreasonable behaviour directed to a worker or a group of workers” Guide for Preventing and Responding to Workplace Bullying, SafeWork Australia, November 2013 BULLYING PRESENTATION 21 May 2014
  • 7. 7 COMPLIANCE WITH WORK HEALTH AND SAFETY LAWS • Understanding your legal obligations • Duties of officers and employees • Systems of work - policies, procedures - early intervention - reporting - investigations – when and how - responding to reports - actions post-incident • Information, instruction, training and supervision - induction - training on your systems - supervision * managing reports * what to do if they become aware of a problem * training for supervisors BULLYING PRESENTATION 21 May 2014
  • 8. 8 INTERACTION BETWEEN THE NEW ANTI-BULLYING LAWS AND EXISTING REGULATION UNDER WORK HEALTH AND SAFETY LEGISLATION • Managing investigations • Legal risks • Evidence BULLYING PRESENTATION 21 May 2014
  • 9. 99 QUESTIONS BULLYING PRESENTATION 21 May 2014