Useful papers for reference and review.
Workplace bullying
22-Feb-2014
Exert
“What legal options does an employee have if they feel that they are being bullied or harassed in the workplace? Traditionally, most legal claims of bullying have been addressed through a claim to WorkCover for a workplace injury. Other options have been historically limited and have generally depended on the existence of an additional factor to the bullying itself, eg termination of employment or proof of prohibited discrimination. Indeed, until 1 January 2014, the most direct form of legislation addressing workplace bullying was workplace health and safety legislation. The situation is changing although workplace bullying remains a difficult area for the law.
This paper seeks to give an overview of the different legal mechanisms currently available for aggrieved persons to address workplace bullying, apart from workcover claims. This will hopefully be of assistance to practitioners used to the personal injuries jurisdiction when considering the range of legal options open to clients.”
BREACH OF WORKPLACE RIGHTS AND ADVERSE ACTION 2013:
Still a worker’s paradise?:
Adverse Action
29-Nov-2013
Exert
“Taking effect from 1 July 2009, the ability for a claimant to bring a claim of breach of workplace rights (also known as an adverse action claim) under the general protections provisions of the Fair Work Act 2009 (“FW Act”) represented a significant new weapon for people with workplace grievances.
Although the provisions have been in force for 3 years now, there has not been a flood of general protections claims, certainly in comparison to statutory unfair dismissal claims.1 Likewise, the number of these claims resulting in judicial determination has been relatively small and it has taken some time for a body of principles to emerge. This paper seeks to break down the main breach of workplace rights provisions, collate guidance from the cases to date and provide some tips so readers can at least be aware of some of the warning signs of potential claims in this area.”
PERFORMANCE MANAGEMENT AND ENDING EMPLOYMENT:
How much procedural fairness is enough?:
Performance Management
29-Nov-2013
Exert
“It is important to provide employees with procedural fairness in deciding whether to terminate their employment because:
- It’s the right thing to do, reflects management best practice and helps foster a positive workplace culture;
- It is a key element in defending any statutory unfair dismissal claim that may be commenced by an ex employee;
- It often plays a significant part in an employer being able to demonstrate that a termination of employment did not occur for a reason prohibited by the law such as unlawful discrimination or the exercise of a workplace right.”
Adverse Action
24-Aug-2012
Exert
“Taking effect from 1 July 2009, the workplace rights, or “adverse action” provisions of the Fair Work Act 2009 represent a significant new weapon for people with workplace grievances. Together with the reduction in the employee numbers threshold for unfair dismissal claims, they constitute a significant expansion of previously existing legal rights. This is reflected in the number of these types of claims. According to FWA’s quarterly report for the first 3 months of 2012, 706 general protection applications were lodged with FWA. This compares with 566 in the same quarter of 2011.”
Harassment in the Workplace
24-Aug-2012
Exert
“What legal options does an employee have if they feel that they are being bullied or harassed in the workplace? In years gone by, the answer would probably have been “not very many” but this situation is changing. There has been a groundswell of public attention in recent years to the effects and costs of bullying in the workplace, aided in part by some high profile cases. As a result, governments have started to devote greater resources to education about workplace bullying and to enforcement and also studying ways to address the issue.”