Workplace bullying policy could become part of the federal workplace system

Workplace bullying policy could become part of the federal workplace system for the first time, if Workplace Relations Minister Bill Shorten's plan is successful.

Under the plan, bullied workers are allowed to take cases directly to the Fair Work Commission and have them listed within 2 weeks. Fines for bullies could be up to $33,000. Bill Shorten said the move could provide workers and their employers with a more timely and affordable method of resolving workplace bullying matters.

Key changes under the proposal include:

- A national definition of bullying and a national training system would be established.
- An investigation by police or state health and safety regulators would no longer be required before a worker could tackle a conflict.
- Safeguards would be implemented to prevent vexatious claims.

The legal position of an employer

Employers are responsible for helping to prevent bullying and harassing behaviour in the workplace. It is in their interests to make it clear to everyone that such behaviour will not be tolerated. The costs to the business may include poor employee relations, low morale, inefficiency and potentially the loss of staff. Training all staff about the standards of behaviour expected can make it easier for all individuals to be fully aware of their responsibilities to others.

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Source: The Herald Sun

Proposed workplace bullying laws allow workers to claim compensation for being left idle

Workers in cushy jobs will be able to claim compo for being left idle, under national laws drawn up to combat bullying.

Employer groups have hit out at Safe Work Australia's "nanny state" rules, outlined in a draft code of practice that would be admissible in court cases. The code lists "not providing enough work" as a form of "indirect bullying", along with constantly changing deadlines or setting timelines that are difficult to achieve. It advises employers to ban pranks and discourage "exclusive clubs or cliques", so workers are not "ostracised" by colleagues.

The Australian Industry Group's representative on the board of Safe Work Australia, Mark Goodsell, said "It's easy for people to make an allegation and it is expensive and difficult for companies and management to rebut it."

The latest draft by Safe Work Australia states that "in some situations, behaviours may unintentionally cause distress and be perceived as bullying. For example, a manager or supervisor in a position of power may have a management style that seems to be strict or disciplinary when it is in fact bullying.”

The code has been put on ice pending the outcome of a parliamentary inquiry into bullying, ordered by Prime Minister Julia Gillard. The Australian Chamber of Commerce and Industry director David Goodwin said "employers are now responsible for virtually every aspect of wellbeing of their staff, whether they know about it or not”.

ACCI work health and safety manager Carolyn Davis said "the guidance must clearly distinguish bullying from legitimate management practices and reasonable management”.

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Source: http://www.theaustralian.com.au/news/national-bullying-laws-allow-workers-left-idle-to-claim-workers-compensation/story-e6frg6n6-1226504514022

Fair Work Australia dismissed a company's appeal over a worker's Facebook comments

Fair Work Australia (FWA) dismissed an appeal by a transport company, which tried to sack an employee for making derogatory comments about 2 of his managers on Facebook.

FWA found:
• Comments about the death of a Muslim terrorist were "distasteful", but within his right to free speech and could not be considered a personal attack on one of his managers, who is a practising Muslim.
• A comment referring to a manager as a "bacon hater" was in "poor taste".
• Sexual comments about a female manager were "outrageous", but most were made by his Facebook friends in response to his comment.
• The company did not have a social media policy and its induction training materials were inadequate grounds to sack the employee.
• The employee’s limited understanding of Facebook was relevant, but such claims of ignorance are likely to be viewed less favourably in the future as more people join social media websites.

The company launched an appeal but FWA upheld the original ruling.

The industrial umpire warned "Facebook conversations leave a permanent written record of statements and comments made by participants, which can be read at any time into the future until they are taken down by the page owner," the appeal panel said.

"Employees should therefore exercise considerable care in using social networking sites in making comments or conducting conversations about their managers and fellow employees."

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Source: http://au.finance.yahoo.com/news/linfox-loses-appeal-over-truckies-061015018.html

Staff at a food manufacturer speak publicly about years of alleged workplace bullying

Almost half the staff at an inner-city gourmet food manufacturer have spoken out about alleged extreme workplace bullying. The staff took the unusual step of speaking publicly about the alleged bullying because they hoped doing so would help their situation.

18 staff out of 38 accused their employer of allowing bullying to go unchecked despite numerous complaints, including allowing a senior staff member to:
■Regularly scream at them & make sexual comments.
■Tell workers they needed to give 48 hours' notice if they wanted to take sick days.
■Demand staff work overtime, without any notice.
■Tell any casual worker who became full time they must ''celebrate'' by buying lunch for the entire workplace, or buying a supervisor a gift.
■Keep the wages of some employees for up to 8 weeks.
■Pressure most staff to pay her - in cash - 10% of a backpay payment.

The case will throw a spotlight on laws passed last year that were aimed at tackling workplace bullying.

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Source: http://www.theage.com.au/small-business/staff-at-food-plant-allege-years-of-extreme-bullying-20121007-277dc.html

Workplace bullying laws need reform, experts and unions claim

Unions and experts have urged the government to make sweeping reforms to workplace bullying laws, arguing the current system prolongs victims’ pain.
- After finishing public hearings in August, a parliamentary committee will deliver its report to the Workplace Relations Minister by November 30.
- The ACTU has called for tougher penalties and a more accessible forum to quickly and cheaply resolve bullying complaints.
- The Law Institute of Victoria argues there should be a “quick, cost effective civil remedy through a tribunal for bullying in the workplace”.
- Employers need more certainty surrounding changes to unfair dismissal laws so that they are not in a catch-22 situation when it comes to sacking staff for bullying, says Daniel Mammone, the workplace policy director at the Australian Chamber of Commerce and Industry.
- Employers have told the bullying inquiry existing laws provide sufficient protection for victims.

For more information on this workplace safety and HR news, visit: http://www.afr.com/p/national/work_space/bullying_laws_need_reforms_experts_UZD6NPVBVvmYkeAD56dHUK

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Workplace Bullying and Harassment
Maintaining a Harassment Free Office: Managers
Maintaining a Harassment Free Office: Employees
Social Media, Email and Online Etiquette

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Workplace Bullying and Harassment – E-Learning
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Social Media, Email and Online Etiquette – E-Learning

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Workplace bullying could be criminalised throughout Australia

Prime Minister Julia Gillard has backed a national version of workplace bullying laws introduced in Victoria last year, which criminalise serious workplace bullying. Under the changes, workplace bullies can face up to 10 years jail time. The Victorian law, also known as “Brodie’s Law” was established after the tragic suicide of 19-year-old Brodie Panlock, a waitress who faced relentless taunts and abuse at work.

In May 2012, Ms Gillard announced a national review into workplace bullying, which will assess the nature, causes and degree of workplace bullying. ''One way we could add to what we're doing now is to take Brodie's law nationally and to have a common national law to deal with bullying in the workplace,'' Ms Gillard said.

What impact does bullying have on your workplace?
According to the Australian Productivity Commission, workplace bullying costs employers and the Australian economy between $6 billion and $36 billion per year.

Employers are responsible for helping to prevent bullying and harassing behaviour in the workplace. It is in their interests to make it clear to everyone that such behaviour will not be tolerated. The costs to the business may include poor employee relations, low morale, inefficiency and potentially the loss of staff. Training all staff about the standards of behaviour expected can make it easier for all individuals to be fully aware of their responsibilities to others.

Vocam Training Videos
Workplace Bullying and Harassment
Social Media, Email and Online Etiquette
Maintaining a Harassment Free Office for Employees
Maintaining a Harassment Free Office for Managers
Violence at Work

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Social Media, Email & Online Etiquette - E-Learning
Workplace Bullying & Harassment - E-Learning
Maintaining a Harassment Free Office for Employees E-Learning
Maintaining a Harassment Free Office for Managers E-Learning

Available as part of TrainNOW. For more information, contact us or visit our website.

Sources: The Sydney Morning Herald Safe to Work