In these two videos, Senior Associate at Clayton Utz discusses key indicators for managing sexual harassment claims and common escalation triggers that HR managers to be aware of.
An employee was awarded a total of $625,345, being $210,000 for pain and suffering and $415,345 for pecuniary loss, due to the lack of duty of care from the Department of Health Victoria as her employer. Read how the relationship was causing the employee “extreme stress and she was at risk of psychiatric harm”.
Clayton Utz’ Partner, Hedy Cray highlights significant new rights that will be afforded to employees under the Bill that will impact Queensland public sector employers. Read this article to better understand those rights as she breaks down its different parts.
Lander & Rogers’ Partners highlight in this article that “an organisation’s policy on workplace sexual harassment must be led from the top down, and managers need to understand their roles in the process.” Our contributors provide five clear tips for successful cultural transformation.
Managing under-performing employees is a complex and often fraught process, and many employers have been surprised to find themselves on the receiving end of a bullying claim after undertaking what they believed to be reasonable management action.
The team at Corrs Chambers Westgarth discuss why tackling bullying and other unacceptable forms of behaviour in the workplace (discrimination, sexual harassment) is not just important to avoid legal claims, but also “very much about creating a positive workplace culture that will ensure you can attract and keep the best talent.”
Law firm, Kemp Strang highlights in this article and case example that “where more than one worker is alleged to engage in bullying conduct, the FWC needs to be satisfied they are acting together repeatedly if it is going to make a stop bullying order”. Learn when the FWC will make anti-bullying orders.
The District Court of New South Wales has recently determined a claim by a plaintiff who alleges that he sustained a psychological injury as a result of three instances of workplace bullying. “Even if it is found that allegations of bullying are not substantiated there may still be a risk of an employee developing an injury”.
In this submission by Laura Driscoll, read what the Fair Work Commission constitutes as “bullying”; which includes less obvious examples such as sarcasm, bad faith, isolating, freezing out, belittling and innuendo.
Anti-bullying provisions were introduced for the first time in the Fair Work Act in January 2014. Those provisions were designed to be preventative rather than compensatory – that is to say, their aim is to stop the bullying before substantive loss or injury occurs. The new provisions do not limit a potential claimant from pursuing…