The serious threat SMEs are ignoring: One in two small businesses don’t have a policy for bullying claims One in two small businesses do not know how they would respond if bullying allegations were raised by their staff, according to new research, leaving them open to significant costs and productivity issues. But workplace experts say these concerns can be prevented with forward planning A survey of 400 businesses from employment relations advisory Employsure found one in two Australian small businesses don’t have a “defined action plan” for when bullying is raised at work, with many unaware that they could face costs related to dispute resolution or even penalties relating to bullying cases in some states. The research, which surveyed businesses with up to 15 employees, found those businesses with between two and four employees were the most likely to be unaware of best practice processes for dealing with bullying claims, with only 40% of businesses saying they know the st...

Knowledge is power when it comes to managing claims risk Unfair dismissal applications are all too common and employers regularly find themselves in hot water when they are on the receiving end of one. Whilst the outcome of every unfair dismissal case tends to turn on its own individual merits, opportunities to learn and refresh one’s knowledge consistently arise – and knowledge is power when it comes to managing claims risk. To assist you in managing your unfair dismissal claims risk, this article set out some important lessons and reminders compiled from a number of recent unfair dismissal decisions made by the Fair Work Commission. If an employee has “gotten away” with certain conduct in the past, it can be difficult to later justify their dismissal for such conduct. In West v Holcim (Australia) Pty Ltd [2017] FWC 2346, the applicant employee allowed a casual labour hire worker to operate a crane without adequate supervision. This was despite the fact that the labour hire wo...

It is important to understand that a workplace investigation may be scrutinised by a court in the case of a complainant suing in negligence for a breach of a duty of care in a bullying or sexual harassment matter for example the case of  Mathews v Winslow Constructors   where an award of 1.3 million dollars was ordered or by the Fair Work Tribunal in the case of an unfair dismissal application is made by a terminated employee. A crucial part of any investigation are the workplace investigation documents including; Letters to the complainant and witnesses Letters of allegation to respondents Risk assessments Witness statement Interim reports Final reports It is essential that firstly these documents actually exist and secondly that they are compliant. In the case of  Michael Fitzpatrick v Bunnings Group Ltd The commissioner found (at 85) In addition to  not  providing Mr Fitzpatrick with the basis of the allegation,...

When children are experiencing bullying in the playground, or our teens are being bullied across social media, we feel outrage and as a community, we tend to rally behind the victims, advocating for their rights to exist in a world free from victimisation and harassment.  We understand that the emotional, psychological and physical impact of bullying changes the brain chemistry of our children and can impact the way they perceive themselves and the world. Research out of Yale University indicates that bullied victims are seven to nine per cent more likely to consider suicide. We run anti-bullying programs in schools. And yet, when we grow up and enter the workplace, our staunch advocacy for bully victims is silenced. Workplace bullying is defined as repeated ‘unreasonable behaviour’ directed towards a worker or a group of workers resulting in a risk to health and safety. It often involves an abuse of power and the incidents of bullying are deliberate and targeted with the inte...

Workplace investigation report inadmissible in anti-bullying case The Fair Work Commission has rejected an employee's request to view a workplace investigation report that he alleged includes details of bullying at a colleague's previous job, finding it inadmissible in his current anti-bullying case. The Deakin University lecturer sought orders in March 2017 from the Commission to stop workplace bullying by a number of colleagues. He also applied for the 2015 report to be produced, claiming it contained evidence of one of his colleagues having been "at least perceived by a number of staff" to have engaged in bullying behaviour while working at the University of Newcastle (UON). He said the colleague's conduct as a manager at UON was "materially relevant to the substantive issues in dispute". Deakin University, the colleague, and UON objected to producing the report on a number of grounds, and after considering their refusal, Commissioner Bissett...

If you lose your job past the age of 50, you are in the hardest age bracket to find work again thanks to age discrimination. A recent study by the University of South Australia's Centre for Workplace Excellence confirmed there was a strong perception that older workers were not suitable for employment. "Older job seekers that we spoke to felt they were rejected based on their age alone," the centre's Justine Irving told  ABC Radio Adelaide 's Drive program. One-third of people surveyed aged over 50 revealed they had experienced age discrimination when applying for work. "Some adults described a subtle pressure from their colleagues and management to stop working in order to make room for a younger generation." Age-related discrimination was causing many to withhold their age on résumé, Dr Irving said. The centre's study follows the  Willing To Work Inquiry  by the Human Rights Commission released in May 2016. It revealed a rise in long...

Originally published by InDaily - http://indaily.com.au/news/local/2017/05/11/victim-advocacy-group-calls-police-on-bullied-employee/ The state’s controversy-mired Victim Support Service called in the police to try to retrieve an office laptop from a staff member who was on leave after their workplace bullying claim was upheld. The organisation recently parted ways with its CEO Julian Roffe, after  InDaily  asked VSS whether two of its managers were on leave with pending claims alleging “bullying by the chief executive”, as raised by the Opposition in parliament. The service confirmed that one Return to Work claim by an employee had been “accepted”, with a second claim rejected. It’s understood the employee whose claim was accepted remains in limbo, with the organisation demanding the return of their work phone and laptop. In response to inquiries from   InDaily , VSS today confirmed it sought assistance from police to retrieve the laptop, with officers con...