1
WORKPLACE BULLYING
CHALLENGES FOR SAFETY
PROFESSIONALS
Presenters:
Simon Billing and Jane Hall
27 March 2014
10748258/1
22
FOCUS FOR THIS BRIEFING
Understanding
the complex
legal framework
and the risks
Your role in
preventing and
responding ...
3BULLYING PRESENTATION
The complex
legal
framework
Improvement
Notice (WHS)
Investigation
(WHS)
Prosecutions
(WHS)
Discrim...
44
THE PROVISIONS OF THE FAIR WORK ACT
2009
WHAT IS BULLYING?
•  S.789FD(1) and (2) – when is a worker bullied at work?
• ...
5
WHAT IT AIN’T
•  Bullying does not include reasonable management action carried
out in a reasonable manner
•  A common s...
6BULLYING PRESENTATION
The complex
legal
framework
Improvement
Notice (WHS)
Investigation
(WHS)
Prosecutions
(WHS)
Discrim...
7
WHAT ARE SOME OF THE KEY CHALLENGES
FOR SAFETY PROFESSIONALS?
HOW CAN YOU HELP YOUR ORGANISATION
TO TACKLE THIS ISSUE?
B...
88
•  What are the lessons from key cases?
BULLYING PRESENTATION 27 March 2014
99
QUESTIONS
BULLYING PRESENTATION 27 March 2014
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Simon Billing, Partner, and Jane Hall, Special Counsel, Corrs Chambers Westgarth - Workplace Bullying – challenges for safety professionals

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Simon Billing and Jane Hall delivered this presentation at the Safety in Action 2014 Conference in Melbourne. This conference brings thought leadership and showcases topical, innovative safety methods and practices.

For more information, please visit http://www.safetyinaction.net.au/SIA2014Melbourne

Published in: Health & Medicine
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Simon Billing, Partner, and Jane Hall, Special Counsel, Corrs Chambers Westgarth - Workplace Bullying – challenges for safety professionals

  1. 1. 1 WORKPLACE BULLYING CHALLENGES FOR SAFETY PROFESSIONALS Presenters: Simon Billing and Jane Hall 27 March 2014 10748258/1
  2. 2. 22 FOCUS FOR THIS BRIEFING Understanding the complex legal framework and the risks Your role in preventing and responding to workplace bullying Lessons from key cases BULLYING PRESENTATION 27 March 2014
  3. 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 27 March 2014
  4. 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 27 March 2014
  5. 5. 5 WHAT IT AIN’T •  Bullying does not include reasonable management action carried out in a reasonable manner •  A common sense approach – Harris v WorkPac [2013] FWC4111 •  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 27 March 2014
  6. 6. 6BULLYING 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 27 March 2014
  7. 7. 7 WHAT ARE SOME OF THE KEY CHALLENGES FOR SAFETY PROFESSIONALS? HOW CAN YOU HELP YOUR ORGANISATION TO TACKLE THIS ISSUE? BULLYING PRESENTATION 27 March 2014
  8. 8. 88 •  What are the lessons from key cases? BULLYING PRESENTATION 27 March 2014
  9. 9. 99 QUESTIONS BULLYING PRESENTATION 27 March 2014

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