Data from the first quarter of the Fair Work Commission's anti-bullying regime underlines the importance of training managers and supervisors to minimise legal risks during performance management discussions, an employment lawyer says.
The Fair Work Commission has issued its first substantive orders under the new anti-bullying regime, limiting contact between two workers except in emergency circumstances.
Employers and HR professionals should ensure their social-media policies and training clearly cover use of digital photography, with photo-sharing apps creating a host of new bullying, harassment and other risks to manage, according to Holding Redlich senior associate Joel Zyngier.
Workplace incidents that occurred before the new jurisdiction commenced can be considered as evidence in stop-bullying proceedings, the Fair Work Commission has ruled.
The Fair Work Commission has upheld an employer's dismissal of a worker who refused to sign an acknowledgement he had undergone social media training, arguing it is inevitable social media policies go beyond purely an "at work" context.
Employers should view the Fair Work Commission's new anti-bullying laws as an opportunity, not a threat, according to lawyer Lesley Maclou, who says much of the publicity surrounding them is based on myths and misconceptions.
How does the new anti-bullying regime apply to your workplace, and how does it affect how you prevent and manage workplace bullying? Watch this webcast for best-practice tips and tools.
Anti-bullying material released by the Fair Work Commission provides much-needed clarity around the new laws, and what is considered bullying and reasonable management action, says employment lawyer Lesley Maclou.
HR departments too often fail to take a risk-management approach to decisions affecting people, exposing themselves to potential liability under the model work health and safety laws, according to safety and employment lawyer Fiona Austin.
Performance reviews and disciplinary processes that can withstand outside scrutiny will become even more critical when the Fair Work anti-bullying regime comes into force next year, according to DLA Piper partner Murray Procter.
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