Recent changes to the Fair Work Act provide further motivation for employers to ensure their staff know what bullying is - and what it's not, according to Workplace Solutions director Fay Calderone.
Claims of bullying and harassment can damage an organisation's culture and reputation - and drain it of valuable time and resources - but they are often preventable, according to psychiatrist and dispute resolution expert Dr Doron Samuell.
Anti-bullying amendments to the Fair Work Act, due to take effect in January next year, could lead to a spate of psychological injury claims that will be extremely difficult to defend, warns employment lawyer Brad Swebeck.
When an employee is the victim of cyberbullying or abusive phone calls that originate outside of their employment, an employer shouldn't simply dismiss the affair as a "personal" problem, according to Ashurst lawyer Taboka Finn.
Instead of viewing bullying as an "employee relationship issue", HR professionals should consider how their organisational design might be contributing to the problem, says change expert Sheryle Moon.
An employer that failed to clearly state in its policies that sexual harassment is illegal has been found vicariously liable for an employee's inappropriate conduct.
Employee claims under the Fair Work Act are increasingly targeting individuals, so HR practitioners should ensure they help directors and officers to understand their potential liability, says employment lawyer Ben Gee.
When interviewing a complainant about workplace bullying or other allegations, it's vital for HR professionals to understand their potential impact on the quality of information reported, says expert investigator Harriet Stacey.
Knowing what to expect of bullying and harassment victims during investigations can help HR professionals ensure they get "complete and untainted" information, say expert investigators.
Before implementing or updating social media policies, employers should weigh up the risks of allowing various levels of use against the benefits, lawyer Fay Calderone has told an HR Daily Premium webcast.
