INTERNATIONAL NEWS


AUSTRALIA: Bullying Claim Payout a Timely Reminder


The changes to the Fair Work Act (FWA) introduced to crack down on bullying in the workplace have now been passed by parlia- ment. However, the start date has been moved from 1 July 2013 to 1 January 2014. The extra six months will allow the Fair Work Commission (FWC) more time to prepare for the influx of submissions they are likely to receive when the changes come into play. It also gives organisations a generous warning to ensure their workplace is not fostering a culture of bullying. The need for tighter regulation of bullying in some organisations becomes apparent in cases such as last month’s ruling on a sales assistant being violently abused by her boss over the course of five years. A civil action hearing by the Supreme Court has awarded the sales assistant close to $600,000, finding she is unlikely to work again, and has developed anxiety and depression due to her treatment. The employer’s failure to ensure her safety at work resulted in the hefty pay-out, and with these FWA changes now six months away, organisations should review their own anti-bullying initiatives to ensure the safety and wellbeing of all workers.


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Are You Taking "All Reasonable Steps" to Protect Lone Workers? Employers of people who work alone, are geographically isolated, or have the potential to be alone when working late or travelling on the job, must take reasonable steps to minimise associated risks - even if that means doubling their staffing, says Kemp Strang partner Lisa Berton. Expecting an employer to pay extra wages to minimise a health or safety risk might sound extreme, but in the event of an injury or death, having withheld a safety measure because of the cost could be considered even more unreasonable, she warns. Working alone is an important issue from the perspective of an employer's duty of care, and its work health and safety obligations. However, many businesses still haven't updated or come to terms with the new work health and safety laws now in effect in most Australian jurisdictions. The key thing to think about is, "What's applicable to your business?" she says. Sometimes a surprisingly simple measure can greatly reduce a risk. Berton's advice to employers includes: Attend workshops and share ideas; Conduct risk and hazard assessments thoroughly; Consult relevant codes of practice that may apply and use them as a minimum benchmark; Be aware that the new safety laws have broader definitions of the word "worker"; and Use policies and training to ensure staff members know how to handle various situations.


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Law Firm Successfully Defends Against Claim of Bullying An employee who experienced an overwhelming workload, professional and personal pressure, conflict and a strained relationship with a colleague was found not to have been bullied. In May 2012, the Victorian County Court in Brown v Maurice Blackburn Cashman, dismissed a claim by a salaried partner of Maurice Blackburn who alleged that she had been subjected to bullying behav- iour by a co-worker subsequent to her return to work from maternity leave. Brown ultimately left the firm after unsuccessful mediation and commenced proceedings against Maurice Blackburn, asserting that she had sustained a psychiatric injury as a result of the bullying which has prevented her from being able to work as a solicitor. After an examination of the emails exchanged, the Court dismissed Brown's claim, finding that she had not been bullied, that it was not reasonably foreseeable that she might suffer psychiatric injury as a result of stress upon her return to work and that Maurice Blackburn did not breach its duty of care. Maurice Blackburn was found to have acted as a reasonably prudent employer in the circumstances. This decision highlights the need for employers to ensure that protocols are implemented to manage workflow when a staff member goes on maternity leave and to ensure that appropriate resources are allocated to assist a returning staff member to transition back into the workplace after an absence from work.


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