In a decision that contains useful guidance for HR professionals on when "undesirable" management behaviour is also "unreasonable", the Fair Work Commission has ruled that displaying intolerance or low-level anger towards a worker does not necessarily constitute bullying.
This year has been an exceptionally challenging one for HR professionals. The new anti-bullying jurisdiction kicked off; social media evolution outpaced the development of associated workplace policies and responses; and there was no shortage of new case law on everything from unfair dismissal to restraint clauses.
Potential reputation damage from a stop-bullying application is so great that employers should always request confidentiality, even if the Commission is reluctant to grant it, says an employment law expert.
Employers that fail to act on swearing in the workplace could be putting their people and reputations at risk, but how is HR supposed to decide what words should and shouldn't be tolerated?
Every day, HR professionals are required to defend and explain their practices in courts and tribunals, with far-reaching ramifications including legal liability and reputational harm. Watch this webcast to understand how to protect yourself.
Employers that initially fail to deal with social media misuse in the workplace could be waiving their right to address that misconduct at a later date, warns an employment lawyer.
The Fair Work Commission finalised nearly 200 anti-bullying applications in the first six months of the new regime, but upheld only one, its annual report shows.
Certain leadership styles can increase workplace psychosocial risks, so employers must take this into account in leadership selection and performance management processes, argues a psychologist.
An employer that failed to conduct "frank and transparent" performance reviews, or promptly deal with behavioural issues, gave up its right to summarily dismiss two workers for bullying, the FWC has ruled.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.
