HR managers could be found personally liable for bullying and harassment at work, under the national OHS framework, if they fail to take steps to prevent it, according to Hicksons Lawyers partner Brad Swebeck.
Organisations need to take responsibility for bullying because its presence in a workplace signifies "systemic dysfunction", says psychologist Evelyn Field.
Australia's "anti-dobbing" culture can obstruct efforts to eradicate workplace bullying and create a "huge problem" for employers, says general counsel for Harmers Workplace Lawyers, Greg Robertson.
It is the way managers deal with employee complaints - rather than the subject of the complaints - that can trigger workers to launch legal claims, according to Hicksons workplace relations practice manager, Brad Swebeck.
A recent court case and fines totalling $330,000 show that employers with knowledge of inappropriate behaviour at work "have to do something about it", says Sparke Helmore special counsel, Adam Saunders.
A psychologist has called for organisations to protect managers against workplace harassment after a study revealed that nearly a quarter of Australian bosses are the targets of "upwards" bullying.
Proper investigation of workplace incidents and complaints can help protect employers against legal claims by employees, but many HR managers lack the skills to conduct them. Here, an employment lawyer and former police investigator explains how they're done.
A rigorously applied anti-bullying strategy adhering to the "five pillars" of the risk management process is vital in eliminating workplace harassment and protecting employers from stress-related legal action, according to a HopgoodGanim Lawyers report.
Employers must be more vigilant than ever in developing and reinforcing anti-bullying policies in light of a significant spike in workplace bullying and harassment claims - many of them false, says Harmers Workplace Lawyers managing partner, Joydeep Hor.
Employers can minimise the development and aggravation of workplace mental illness and dramatically reduce their exposure to litigation by putting in place an employee assistance program and developing a clear anti-bullying policy, according to workplace lawyer Greg Robertson.
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.
