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.
Claims of bullying and harassment can damage an organisation's culture and reputation - and drain it of valuable time and resources - but they are often preventable, according to psychiatrist and dispute resolution expert Dr Doron Samuell.
The Fair Work Act's bullying amendments will make it more difficult for employers to address performance issues at work, according to Maddocks partner, Ross Jackson.
HR professionals should encourage managers to take all employee complaints seriously, because ignoring a "difficult" worker can lead to expensive legal claims and damaging workplace issues, says employment lawyer Shana Schreier-Joffe.
Anti-bullying amendments to the Fair Work Act, due to take effect in January next year, could lead to a spate of psychological injury claims that will be extremely difficult to defend, warns employment lawyer Brad Swebeck.
When an employee is the victim of cyberbullying or abusive phone calls that originate outside of their employment, an employer shouldn't simply dismiss the affair as a "personal" problem, according to Ashurst lawyer Taboka Finn.
Instead of viewing bullying as an "employee relationship issue", HR professionals should consider how their organisational design might be contributing to the problem, says change expert Sheryle Moon.
An employer that failed to clearly state in its policies that sexual harassment is illegal has been found vicariously liable for an employee's inappropriate conduct.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
