A Queensland employer that failed to crack down on racist jokes in the workplace has escaped a damages bill, after the Supreme Court found the psychologically injured victim of the jokes actively participated in the banter.
Training line managers to have an "early conversation" with workers - who start taking regular sick leave - can prevent such issues escalating into workers' comp or harassment disputes, according to Sparke Helmore Lawyers partner David Davies.
A NSW worker who tried to commit suicide, after one of a series of underperformance meetings, has been awarded workers' compensation, after the WCC found his psychological injury arose from a heavy workload and managerial abuse, and not drug dependency, as claimed by his employer.
A South Australian worker, whose psychological injury arose from perceived workplace bullying, has lost his workers' compensation bid, after the WCT found his managers' "less than perfect" behaviour was reasonable.
An employer group has warned that the business costs of engaging external workplace bullying investigators - as advised by the draft model Code of Practice on bullying - will be excessive, while unions have called for the Code to be strengthened.
In this update, OHS Alert examines all the important OHS and workers' comp legislative changes made in the second quarter of 2013. We also recap the most significant court and tribunal rulings and other developments in each jurisdiction.
A Victorian employer that failed to act on its plan to introduce an anti-bullying policy - after a worker complained her manager harassed her - has been ordered to pay the worker nearly $600,000 in damages.
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