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.
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.
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.
