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WORKPLACE BULLYING CHALLENGES FOR SAFETY PROFESSIONALS Presenters: Simon Billing and Jane Hall 27 March 2014 10748258/1
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Simon Billing and Jane Hall delivered this presentation at the Safety in Action 2014 Conference in Melbourne. This conference brings thought leadership and showcases topical, innovative safety methods and practices. For more information, please visit http://www.safetyinaction.net.au/SIA2014Melbourne
Transcript of Simon Billing, Partner, and Jane Hall, Special Counsel, Corrs Chambers Westgarth - Workplace...
1
WORKPLACE BULLYING
CHALLENGES FOR SAFETY PROFESSIONALS
Presenters:
Simon Billing and Jane Hall
27 March 2014
10748258/1
2 2
FOCUS FOR THIS BRIEFING
Understanding the complex legal framework and the risks
Your role in preventing and responding to workplace bullying
Lessons from key cases
BULLYING PRESENTATION 27 March 2014
3 BULLYING PRESENTATION
The complex legal
framework
Improvement Notice (WHS)
Investigation (WHS)
Prosecutions (WHS)
Discrimination claims
Workers compensation
claims
Breach of contract
Industrial issues
Unfair dismissal
claims
General protections
claims
Fair Work Commission
Intervention Orders
Brodie’s law
27 March 2014
4 4
THE PROVISIONS OF THE FAIR WORK ACT 2009 WHAT IS BULLYING?
• S.789FD(1) and (2) – when is a worker bullied at work?
• A worker is bullied if:
• While at work in a constitutionally – covered business;
• An individual or group repeatedly behaves unreasonably towards the worker or a group of workers; and
• The behaviour creates a risk to health and safety.
BULLYING PRESENTATION 27 March 2014
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WHAT IT AIN’T • Bullying does not include reasonable management action carried
out in a reasonable manner
• A common sense approach – Harris v WorkPac [2013] FWC4111
• One off instances of rudeness or insensitivity: – do not amount to bullying – although unacceptable (and counter productive to cooperative and
harmonious workplace relation)
BULLYING PRESENTATION 27 March 2014
6 BULLYING PRESENTATION
The complex legal
framework
Improvement Notice (WHS)
Investigation (WHS)
Prosecutions (WHS)
Discrimination claims
Workers compensation
claims
Breach of contract
Industrial issues
Unfair dismissal
claims
General protections
claims
Fair Work Commission
Intervention Orders
Brodie’s law
27 March 2014
7
WHAT ARE SOME OF THE KEY CHALLENGES FOR SAFETY PROFESSIONALS?
HOW CAN YOU HELP YOUR ORGANISATION TO TACKLE THIS ISSUE?
BULLYING PRESENTATION 27 March 2014
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• What are the lessons from key cases?
BULLYING PRESENTATION 27 March 2014
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QUESTIONS
BULLYING PRESENTATION 27 March 2014
