ELM TV EXCLUSIVE – An excellent video featuring Associate Rachael Judge of Simpson Grierson talking about the need to have solid proactive and reactive approaches in place for workplace bullying. The short but clear message about natural justice is also not to be missed.
Special Counsels Cilla Robinson and Christy Miller recently addressed issues regarding workplace bullying and discrimination. “A common issue that arises in unacceptable conduct cases is the lack of, or complacency with, policies which deal with the consequences of inappropriate behaviour in the workplace”.
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.
“Employers should implement a clear workplace policy in relation to discrimination and the standard of conduct it requires from its employees and any other persons at the workplace. However, it’s not enough to simply have a policy in place,” writes Joanna Knoth of MDC Legal.
In this exclusive with Phillipa Muir of Simpson Grierson, we learn about issues around workplace bullying and discrimination in New Zealand, and also how the culture shift towards ensuring inclusiveness in the workplace, particularly for the LGBTI community, has been very positive, yet is often met with some resistance.
“The bullying conduct included the manager speaking to the employee with a stern tone and pointing her finger at the employee, as well as… saying to the employee ‘I’ve never met anybody so stupid as you’,” writes Tiffany Campbell of Holding Redlich.
In this practical and exclusive interview with Aaron Goonrey of Lander & Rogers he details why “a distinct workplace anti-bullying policy is a measure that businesses should be adopting as best practice”. He suggests that the policy should outline what is acceptable behaviour and what is not acceptable.
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”.
“It is important for employers to have a clear social media policy in place,” says Nathan Moy of Clayton Utz. “Training is an important foundation for effectively enforcing your social media policy.” This is a not to be missed read regarding social media in the workplace.