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.
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.
When an employer receives a complaint or becomes aware of a conduct issue, it's not always appropriate to go down a traditional disciplinary path. This HR Daily Premium Q&A will discuss alternative options and how to determine which is best in various circumstances.
Recent constructive dismissal claims highlight the risks involved in accepting a resignation from an employee who is experiencing mental health issues. Watch this Q&A to understand the rulings' implications for all employers.
