INTERNATIONAL NEWS: AUSTRALIA:


Workplace Assault Between Two Employees Not Reasonably Foreseeable by Employer


In Pols v AME Products Pty Ltd, the District Court at Brisbane considered the foreseeability of a risk of injury in circumstances where a Worker was assaulted at the workplace by another employee (the Assailant). Immediately prior to the assault, the Assailant was engaged in a difficult phone call with a customer and then observed the Worker undertake a task incorrectly. After approaching the Worker and exchanging words, the Assailant punched the Worker. The Worker sustained minor physical injuries but claimed a significant psychiatric injury. The issue was whether the Employer could be liable for the injury, loss and damage arising from the assault. The Worker argued the Employer breached the duty of care owed to him and that they should have counselled the Assailant about his behaviour earlier which would have reduced or eliminated the risk of injury. The trial judge was not satisfied the Assailant‘s conduct constituted a foreseeable risk of injury to the Worker or that the Assailant was a danger to other workers. The Court therefore could not conclude, on the balance of probabilities, that on the day of the incident, a warning would have materially reduced the risk of injury arising out of what followed. Accordingly, the Defendants failure to counsel or terminate the Assailant‘s employment did not amount to a breach of the duty of care that was owed to the Worker.


Read more The Fine Line of Bullying: What HR Needs to Know


Extreme cases of bullying are headline material, and while overt and systematic bullying may make the 6pm news, the real problem is that the majority of bullying happens on a much more subtle level. Eve Ash, a leading workplace psychologist, said that in subtle bullying, the hurt, stress and suffering can be just as acute as in overt bullying and yet it is much harder for HR to act upon. The major issue is really what can be done to prevent bullying, rather than what to do when it occurs. Preventative steps include highlighting and eliminating bullying that is already taking place, drawing up plans and procedures to follow in the future, educating your staff on how to identify and report on bullying, and communicating the company's bullying policy. ―Your people are your most valuable asset, and it is a company's responsibility to exercise a duty of care over its employees, and that includes ensuring that bullying does not take place,‖ said Ash. It's very easy to say that your organisation won't accept bullying. It's easy to say that you're not allowed to send threatening emails, swear at co-workers, act in a sexist or racist manner or systematically intimidate someone – but the grey areas are incredibly difficult to navigate.


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"Vicarious Trauma" a Health and Productivity Risk, Lawyer Warns Traumatic experiences such as workplace bullying not only affect the employees who are directly involved, but also those who support them, and "vicarious trauma" can have a serious impact on a worker's health and productivity, according to employment lawyer Josh Bornstein. Vicarious trauma arises from direct engagement with victims of trauma, where it's argued that the emotional impact of the person's trauma can be transmitted through the process of empathy. Effects of vicarious trauma include repeatedly thinking about or imagining a client's trauma, having strong feelings about their suffering, interrupted sleep, withdrawal, and feeling overwhelmed. A related side-effect is reduced productivity. "People invest an enormous amount into their working life, and their identity and sense of dignity and self-worth is inextricably tied into their work,‖ said Bornstein. ―So when relationships starts to fracture, or they have difficulties, or it starts to come to an end, that can be very, very traumatic." It‘s critical for organization leaders and supervisors to be more involved in assisting individuals and managing wellbeing, and trying to get employees to feel comfortable about speaking up. A supportive environment that encourages self-care, reasonable workloads, reasonable working hours, varied work activities, and opportunities for continuing learning and education can help employees combat vicarious trauma.


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