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.
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.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.
