In a case fought over the use of double standards, a commission has found the ultimate sacking of one employee was too harsh, because another had not been dismissed despite displaying arguably worse behaviour.
Employers and HR professionals should ensure their social-media policies and training clearly cover use of digital photography, with photo-sharing apps creating a host of new bullying, harassment and other risks to manage, according to Holding Redlich senior associate Joel Zyngier.
The Fair Work Commission has upheld an employer's dismissal of a worker who refused to sign an acknowledgement he had undergone social media training, arguing it is inevitable social media policies go beyond purely an "at work" context.
A worker who initially refrained from reporting s-xual harassment, due to an executive's insensitive remarks, has been awarded nearly half a million dollars in damages from a contractor.
In taking steps to minimise Christmas-related risks, employers should bear in mind it's often clients, not staff, who create the biggest headaches for HR, an employment lawyer warns.
Since legislative amendments took effect in August, every complaint and enquiry to the Human Rights Commission about s-xual orientation, gender identity and inters-x status has been related to employment, so it's clear that employers have some work to do, according to Commission President, Professor Gillian Triggs.
The combination of social media and a holiday atmosphere makes the festive season a particularly dangerous time of year for employers, warranting "extra care" on their part, says Holding Redlich special counsel Trent Taylor.
The question of whether certain behaviours constitute bullying or are just the consequence of abrasive personalities is so problematic that employers should shift their focus to the prevention of both, says HR Business Direction's organisational psychologist Trish Cloete.
Traumatic experiences such as workplace bullying not only affect the employees who are directly involved, but also those who support them, and "vicarious trauma" can have a serious impact on a worker's health and productivity, according to employment lawyer Josh Bornstein.
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.
