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Employers have an obligation to provide a safe workplace. This includes ensuring the workplace is free from bullying, harassment, and other discriminatory behaviours.
Unfortunately, many business owners fail in their obligations, and, whilst claims aren’t necessarily a result of the business or its owners, there are potentially serious consequences if problems are not managed properly.
It is very easy for a ‘minor incident’ to evolve into a workers’ compensation claim, application for an order to stop bullying, adverse action or unfair dismissal.
Our first goal is to prevent claims from being made.
How We Can Help
- Drafting policies and procedures that help foster a workplace culture that complies with relevant and anti-bullying legislation.
- Advising on the implementation of workplace procedures and strategies to avoid bullying, harassment, and discrimination.
- Setting up procedures to ensure that any complaint regarding bullying, harassment, and discrimination is dealt with in a manner that complies with relevant legislation.
- Running training programs to help avoid bullying, harassment, and discrimination complaints and to achieve effective workplace consultation.
Dealing with claims
If a business has failed to take reasonable steps to prevent bullying or harassment or has not responded to a complaint, it may be liable for the actions of its employees. Sometimes, liability can even spread to individuals. HR managers who have failed to take the steps necessary to protect employees from harassment or bullying can be held accountable.
Cairns Employment Lawyers are experienced in representing employers in the Fair Work Commission, the Queensland Industrial Relations Commission, anti-discrimination tribunals, and other courts/tribunals. We can conduct investigations into employee complaints or incidents of bullying and harassment as well as help organisations respond to complaints by advising on both counselling and/or disciplinary action.