Understanding what is happening on the claimant's side will help employers make the right decisions when faced with a serious harassment complaint, says Harmers Workplace Lawyers chair, Michael Harmer.
2010 was an interesting year for HR professionals - the economy was in recovery-mode, but this brought with it the challenge of how to quickly boost depleted teams and motivate disengaged staff to better performance. The remaining provisions of the Fair Work Act came into effect, adding a whole layer of uncertainty to HR's responsibilities, along with new legal risks.
Manipulative employees - who are charming one day and malicious the next - are the worst kind of bully, but few HR managers have the skills to identify or control them, says conflict-resolution expert and Casey Centre CEO Dr Mary Casey.
What should you do when an employee doesn't want a bullying allegation investigated? How prescriptive should your Christmas party memos be? What role should senior leaders take at celebrations? Lawyer Joydeep Hor answers these questions and more.
A worker can't be dismissed for bullying, intimidation and harassment without evidence to support the claim, but from an OHS perspective, suspicion alone should trigger an employer's duty of care obligations, says Norton Rose partner Barry Sherriff.
In the "post-DJs" era, employers that want to adequately manage their risk profile need to take a "Police-style" approach to sexual harassment, bullying and other inappropriate behaviour at work, says employment lawyer Joydeep Hor.
Legal action arising out of performance management used to be confined to award and EBA-covered workers, but increasingly employers are facing claims from managers and more senior employees, according to employment lawyer Natalie Spark.
Employers should provide bullying and harassment training to all staff, but managers' training should be different, says employment lawyer Shana Schreier-Joffe.
Although bullying is usually purposeful, it is possible to bully others without even realising it, says Dr Paula Brough, of Griffith University School of Psychology.
When employers are convinced that a worker's claim against them is totally without merit, they should consider defending themselves "as a matter of principle", says Minter Ellison partner Richard West.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
