Employers have a duty of care to ensure the health and safety of their staff. This translates to a need to provide a sufficient system for managing health and safety hazards and risks in the workplace. One way of ensuring compliance with your duty of care is to implement work health and safety manuals and […]
Bully boss charged under Brodie’s Law
by Ben Desir, Workplace Advisor, NRA Legal An electrician has been brought before a Melbourne Magistrate to face charges under Victoria’s strict workplace bullying laws. In Victoria, persons who engage in bullying behaviour can be prosecuted under the Crimes Act 1958 (Crimes Act). The Crimes Act was amended in 2011 to make serious bullying a […]
Workplace bullying on the rise
by Meaghan Spencer, NRA Legal Workplace Advisor Results from a study conducted by Australian Workplace Barometer Project have revealed that bullying is prevalent and on the rise in workplaces across Australia. A worker is bullied at work if an individual or a group of individuals repeatedly behaves unreasonably towards the worker, or a group of […]
Discrimination still a major player in organisations
Australia Post was ordered to pay $40,000 in compensation for a colleague racially discriminating against a worker. However, claims for aggravated damages and exemplary damages were rejected. A postal delivery driver for Australia Post was subjected to racial teasing by being called “a black bastard”, a “f@#*ing black bastard” and being told to “go home” […]
Termination of bully upheld as a fair dismissal
A mineworker, along with two other colleagues who were dismissed for bullying a fellow employee by boxing his vehicle in on a highway, failed to convince the FWC that they were dismissed unfairly. Rio Tinto subsidiary Coal & Allied Mining Services Pty Ltd (Mt Thorley) conducted an investigation into the incident. As a result of […]
Bullying linked to suicidal thoughts
This week saw the National Retail Association facilitate two mental health workshops to help our members identify and manage mental health issues in the workplace. New Australian research has identified that workplace bullying and harassment increases the likelihood of a worker developing suicidal thoughts. These results highlight a growing need for organisational intervention to address […]
IR Update: Bullied employee compensated by FWC for being sacked
Commissioner Julius Roe ordered PQ Australia to compensate a bullied employee $43,900 for forcing him to resign. The FWC found the employee, was unfairly dismissed before being forced to resign for failing to attend an unnecessary medical appointment to be assessed by the company’s nominated doctor. The employee had previously raised concerns about multiple bullying […]
An essential guide to creating a mentally healthy workplace
There are three broad areas to focus on when developing your strategy for a healthy workplace: raising awareness and reducing stigma; supporting employees with mental health conditions; and promoting a positive working environment. As a leader, there are many things you can do to create an environment where staff feel safe, happy and productive. But […]
Why passive bullying is still bullying
Bullying is a serious issue. It dramatically raises stress levels for the person being bullied and is a major risk factor for developing mental health conditions. Unsurprisingly, beyondblue’s State of Workplace Mental Health in Australia study found 76 per cent of employees said depression and anxiety – the most common forms of mental health conditions […]
IR Update: $1.3million in damages ordered to be paid for bullying and harassment
Safe Work Australia has published the Second Annual National Statement which identifies emerging trends in psychosocial health, safety and bullying in Australian workplaces. The data in the statement is based on data from accepted worker’s compensation claims involving mental stress. The statement highlights some interesting workplace trends:•the median direct cost of bullying-related workers’ compensation claims […]
IR Update: Commission insights into stop bullying orders
In this case update, the NRA Legal team reviews the recent Fair Work Commission decision on 16 November 2015 of Sharon Bowker, Annette Coombe and Stephen Zwarts v DP World Melbourne Limited T/A DP World; Maritime Unions of Australia, The, Victorian Branch and Others [2015] FWC 7312. This decision provides much-needed insight into the scope […]
Commission Insights into Stop Bullying Orders
Article by F.Dunstone – Workplace Advisor In this case update, the National Retail Association (NRA) Legal team reviews the recent Fair Work Commission decision on 16 November 2015 of Sharon Bowker, Annette Coombe and Stephen Zwarts v DP World Melbourne Limited T/A DP World; Maritime Unions of Australia, The, Victorian Branch and Others [2015] FWC 7312. […]
WHS Update September 2015
We welcome our members to the September edition of the WHS Update. With the busy period fast approaching, we would like to ask you to take a moment to reflect on whether you need to set some WH&S goals to get your staff safely through the busy period ahead. For those who need a little […]