Around the World: What‟s New In Workplace
Bullying and Harassment? By Ellen Pinkos Cobb,
Workplacebullyinglaws.com Global Bullying Laws Call For Employer Compliance
In many parts of the world workplace bullying is viewed as an issue of health and safety. Prevention of workplace bullying is often seen as part of an employer‘s duty of care, prohibited
under occupational health and safety laws, just as preventing physical risks in the workplace are mandated by this same legislation.
Countries in Europe, Canada, Australia, and the Middle East have prohibited workplace bullying and harassment through legislation, which requires employers to play essential roles and take on specific responsibilities. When the employer does not comply, the courts have stepped in and imposed liability in the form of fines and even imprisonment.
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INTERNATIONAL NEWS: AUSTRALIA:
Anti-Bullying Jurisdiction of The Fair Work Commission (FWC)
The Australian Fair Work Commission (FWC) has been faced with an interesting range of issues to consider since 1 January 2014 when it was granted the power to make orders to prevent a worker from being bullied at work. To date, only one ―stop bullying‖ order has
been made.
Section 789FC of the Fair Work Act 2009 (Cth) (FW Act) provides that a worker who reasonably believes he or she has been bullied at work may apply to the FWC for an order to prevent the worker from being bullied at work. A worker is ‗bullied at work‘ if, while the worker is at work, an individual or a group of individuals repeatedly behaves unreasonably towards the worker in such a way as to create a risk to health and safety. The FW Act specifically provides that reasonable management action carried out in a reasonable manner will not amount to bullying at work.
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Domestic Violence Comes Out of The Darkness Domestic violence is stepping out of the personal arena, with more and more organisations offering paid leave to those experiencing it. Paid leave provisions for victims of domestic violence now cover 1.6 million workers in Australia, the Sydney Morning Herald reported.
Ludo McFerran, national manager of the Safe at Home, Safe at Work project, said domestic violence leave had ―really taken off.‖ She said it was important for employers to know that it wasn‘t their job to ―fix‖ domestic violence, but to deal with it as a workplace issue and provide those affected with support and information about where they could get expert advice.
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CANADA: “Disgruntled and Aggressive Clients” Posed Safety Threat Under OHSA
An employee who worked for an investment/marketing company tried to speak with a company manager about her concerns with aggressive clients and about having the company develop procedures to deal with matters such as violence and harassment. The manager refused to entertain the suggestions. The employee then contacted the Ministry of Labour and told the MOL that she felt threatened in the workplace and that her employer had no policies to deal with
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