Safe Work Australia has confirmed it will almost certainly dump the model Code of Practice on workplace bullying in favour of a guide, but prominent safety lawyer Barry Sherriff notes that under the WHS Act, a guide has a similar evidentiary status, in practice, as a Code.
S-xual harassment and bullying were "mere" rather than "material" contributing factors to a worker's psychological condition, the AAT has found in rejecting her workers' comp claim.
FWC anti-bullying orders could lead to safety investigations or be used as evidence in workers' comp disputes, according to IR lawyer Ben Urry, who says employers should update their bullying and harassment policies, and consider addressing such issues in contracts.
Many employers will never have to deal with one of their workers committing suicide, but they should be prepared to take immediate action just in case, the Comcare National Conference has heard.
An employer acted reasonably in giving a worker two days' notice to attend a counselling session following a bullying complaint, the AAT has found in rejecting the worker's psychological injury claim.
Employers should consider four key areas when developing a strategy to tackle workplace bullying and promote health and safety, says Comcare's WHS policy assistant director Andrew Morgan.
The ACTU has warned that workplace stress can "destroy" an employee's ability to work, in welcoming the Federal Government's plan to expand and develop new workplace mental health and suicide-prevention initiatives.
The WHS Act and the Fair Work Act's new bullying provisions combine to create a "powerful" anti-bullying regime, and employers that don't have distinct policies to deal with the issue are open to prosecution on "a number of fronts", lawyers have warned.
