New Anti-bullying Amendments to Fair Work 2009 : What does it mean for Government?
|
|
- Lizbeth Harrell
- 8 years ago
- Views:
Transcription
1 New Anti-bullying Amendments to Fair Work 2009 : What does it mean for Government?
2 Speakers Hayley Petrony, Assistant Victorian Government Solicitor Alison O Brien, Assistant Victorian Government Solicitor Rachel Amamoo, Managing Principal Solicitor David Catanese, Principal Solicitor Vicki Moulatsiotis, Principal Solicitor Jonathan Bayly, Principal Solicitor Hannah Brown, Principal Solicitor Katherine Francis, Senior Solicitor Matt Garozzo, Solicitor
3 I know there isn t no beast not with claws and all that, I mean- but I know there isn t no fear, either Piggy Paused. Ralph moved restlessly. Unless what? Unless we get frightened of people -William Golding; Lord of the Flies.
4 Fair Work Act 2009 (Cth) Public Administration Act 2004 (Vic)) Tort Law Negligence ANTI-BULLYING JURISDICTION Employment Contract Industrial Instruments made under the Fair Work Act 2009 (Cth), i.e. the VPS Determination Anti-discrimination laws: State/Commonwealth Accident Compensation Act 1985 (Vic) Occupational Health and Safety Act 2004 (Vic) Brodie s Law
5 What is bullying? Workplace bullying is repeated, unreasonable behaviour directed toward an employee, or group of employees, that creates a risk to health and safety. Within this definition: unreasonable behaviour means behaviour that a reasonable person, having regard to all the circumstances, would expect to victimise, humiliate, undermine or threaten; behaviour includes actions of individuals or a group, and may involve using a system of work as a means of victimising, humiliating, undermining or threatening; risk to health and safety includes risk to the mental or physical health of the employee. Worksafe Victoria Guidance Note
6 New Legislative Provisions Section 789FD When is a worker bullied at work? (1) A worker is bullied at work if: (a) while the worker is at work in a constitutionally-covered business: (i) an individual; or (ii) a group of individuals; repeatedly behaves unreasonably towards the worker, or a group of workers of which the worker is a member; and (b) that behaviour creates a risk to health and safety. (2) To avoid doubt, subsection (1) does not apply to reasonable management action carried out in a reasonable manner. A worker is an individual who performs work in any capacity, including as an employee, a contractor, a subcontractor, an outworker, an apprentice, a trainee, a student gaining work experience or a volunteer.
7 Examples of bullying: abusive, insulting or offensive language or comments unjustified criticism or complaints excluding, isolating or marginalising a person from normal work activities withholding information that is vital for effective work performance unreasonably overloading a person with work or not providing enough work setting unreasonable timelines or constantly changing deadlines
8 Further examples of bullying: setting tasks that are unreasonably below or beyond a person s skill level denying access to information, supervision, consultation or resources such that it has a detriment to the worker spreading misinformation or malicious rumours changing work arrangements, such as rosters and leave, to the detriment of a worker or workers unreasonable treatment in relation to accessing workplace entitlements such as leave or training
9 What is not bullying Bullying does not include: reasonable management action carried out in a reasonable manner Performance management or disciplinary action if reasonable A single aggravated incident will not constitute bullying
10 Application to FWC to stop bullying FWC must start to deal with an application within 14 days. FWC can: Inform itself of the matter; Conduct a conference; or Hold a hearing.
11 What must FWC take into account? Investigation report Grievance or dispute procedure Outcome of grievance procedure
12 Orders to Stop Bullying If FWC is satisfied that: the worker has been bullied at work by an individual or group of individuals; and there is a risk that the worker will continue to be bullied at work by the individual or group of individuals then FWC may make any order it considers appropriate to prevent the worker from being bullied. FWC does not have power to order compensation.
13 Examples of orders FWC may issue orders requiring: Review of bullying policies Removal of employees from proximity of the person(s) who instigate the bullying behaviour Regular monitoring of behaviours in the workplace Workplace training Referral to WorkSafe Victoria where it considers this necessary and appropriate. FWC can not reinstate an employee or award compensation.
14 Contravening an order made by the Fair Work Commission A person to whom an order applies must not contravene a term of the order Enforcement applications can be made to the Federal Court or Federal Magistrates Court for civil remedies. The maximum penalty is a civil fine of: $10,200 for an individual person $51,000 for a corporation
15 Constitutional Foundations Anti-Bullying Amendments have a narrow application No s.109 inconsistency issues The key issue turns on the identification of constitutional corporations.
16 Commonwealth Legislative Power With Respect to Corporations
17 Section 51(xx) The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: (xx) foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth;
18 Trading Corporation: The Football Case (1979) 143 CLR 190 A corporation formed within the limits of Australia will satisfy the description trading corporation if trading is a substantial corporate activity - Barwick CJ Essentially it is a description or label given to a corporation when its trading activities form a sufficiently significant proportion of its overall activities as to merit its description as a trading corporation - Mason J
19 Financial Corporation: State Superannuation Board (1982) 150 CLR 282 A corporation which engages in financial activities Mason, Murphy and Deane JJ
20 Indicia of Trading Status Aboriginal Legal Service of Western Australia (Inc) v Lawrence (2008) 37 WAR 450; Hughes v Western Australian Cricket Association (1986) 120 FCR 191. Eight principles identified by Toohey J and Steytler P.
21 Principle 1 A corporation may be a trading corporation even though trading is not its predominant or principal activity.
22 Principle 2 However, trading must be a substantial or significant and not merely a peripheral activity. Look at both the relative and the absolute significance of trading as a corporate activity.
23 Principle 3 Trade includes the purchase and sale of goods and services. It is not limited to the exchange of commodities.
24 Principle 4 The making of a profit is not an essential prerequisite to trade, but it is a usual concomitant.
25 Principle 5 The purpose of trade is irrelevant. Trade used to generate income for a charitable or other non-commercial purpose is still trade.
26 Principle 6 Whether the trading activities of a corporation are sufficient to make it a trading corporation is a question of fact and degree.
27 Principle 7 The current activities of the corporation are a major criterion. However, regard may also be had to the intended purpose of the corporation, especially if the corporation is newly formed or its functions are limited by statute.
28 Principle 8 The commercial nature of an activity is a significant element in deciding whether the activity is in trade or trading.
29 Example 1 A statutory corporation empowered to construct public works for the purpose of generating electricity and to carry on the business of providing electricity to customers in the State of Tasmania. Held to be a trading corporation: The Commonwealth v Tasmania (1983) 158 CLR 1
30 Example 2 A statutory corporation charged with managing the superannuation entitlements of public servants; empowered to provide commercial loans to public servants. Held to be a financial corporation: State Superannuation Board v Trade Practices Commission (1982) 150 CLR 281
31 Example 3 The Metropolitan Fire And Emergency Services Board established by statute to prevent and suppress fires; also entered into substantial commercial arrangements for servicing of fire equipment. Held to be a trading corporation: United Firefighters Union v MFESB (1998) 83 FCR 346
32 Example 4 A public hospital incorporated by statute and owned by the State of New South Wales; major source of income was government subsidy, but also charged fees to patients for medical services. Held to be a trading corporation: E v Australian Red Cross Society (1991) 27 FCR 310
33 Example 5 The University of Western Australia established by statute; entered into significant commercial property transactions, sold publications, rented student accommodation and carried on a technology business. Held to be a trading corporation: Quickenden v O Connor (2001) 109 FCR 243
34 Example 6 The Etheridge Shire Council, a Queensland local government body. Empowered to enact local laws and perform local government functions; also provided services, but mostly ran at a loss and were purely incidental to government functions. Held not to be a trading corporation: Australian Workers Union v Etheridge Shire Council (2008) 171 FCR 102
35 Tort Law Employers are required 'to take reasonable care to avoid exposing employees to unnecessary risks of injury'. Whether an employer has committed a tort following an allegation of bullying will depend on the circumstances of the case including an employer s duty of care for that person, where the injury arose, whether the risk was reasonably foreseeable and what steps had been taken to mitigate against the risk.
36 Case Examples Swan v Monash Law Book Co-Operative [2013] VSC 326 Brown v Maurice Blackburn Cashman [2013] VSCA 122 [22 May 2013] NSW v Fahy (2007) 232 CLR 486, [57]
37 Vicarious Liability Employers may be held vicariously liability for the wrongdoing of their employees, even where this conduct amounts to criminal activity or serious misconduct. Employers will not be liable where the employee is acting independently and outside the scope of her or his employment, for example, when the act in question is outside the scope of the tasks which the bullying employee was employed to perform.
38 Contract Law At common law, contracts of employment have also been held to include an implied duty of care. The content of the implied contractual duty of care is substantially similar to the duties owed by an employer in negligence, however the two sources of duty operate concurrently. This means that an employer could be liable both under tort, and under contract, for breaches of duty. Kondis v State Transport Authority (1984) 154 CLR 672, (Brennan J)
39 Contract Law Continued There are implied terms of mutual trust and confidence in a contract of employment Implied terms are contractually enforceable Barker v The Commonwealth Bank of Australia [2012] FCA 942. Nationwide News v Naidu (2007) ATR 81.
40 Anti-discrimination legislation Equal Opportunity Act 2010 (Vic), or: Racial Discrimination Act 1975 (Cth), Sex Discrimination Act 1984 (Cth), Age Discrimination Act 2004 (Cth), Disability Discrimination Act 1992 (Cth), or Human Rights and Equal Opportunity Commission Act 1986 (Cth). Complainants can choose which forum to bring a complaint in although they are statute barred from bringing the same complaints in the federal jurisdiction if they have already done so before the VEOHRC
41 Anti-discrimination legislation continued Section 4 of the EO Act specifies that 'detriment' includes 'humiliation and denigration' but does not exhaustively define 'detriment'. Detriment has been found to include: Harassment, or 'depriving an employee of quiet enjoyment of employment' (Candan v Holden Ltd & Ors [2000] VCAT 2300) ; Being laughed at, or smirked at, by fellow employees (Packer v Vagg and the Department of Education [2001] VCAT 2218) Gama v Qantas Airways Ltd (No.2) [2006] FMCA 1767
42 Public Administration Act & Code of Conduct Public officials should demonstrate respect for colleagues, other public officials and members of the Victorian community by: (i) (ii) treating them fairly and objectively; and ensuring freedom from discrimination, harassment and bullying.
43 PAA Continued The Code of Conduct proscribes 'misconduct' (defined in the PAA to include behaviours as set out in the Code). Sanctions are found under s 22 of the Public Administration Act. Section 22 provides that 'misconduct and serious misconduct' may result in penalties including: Reduction in salary Reduction in classification (demotion) Suspension Dismissal Employees could bring a bullying complaint under the PAA on the basis that they have a statutory right to being treated fairly and to be protected from discrimination. Employees also have a Review of Actions right pursuant to s 64 of the PAA.
44 Public Administration (Review of Actions) Regulations 2005 If the employee is not happy with the initial review conducted pursuant to the PAA, they can seek a review of the initial decision from the Public Sector Standards Commissioner.
45 Victorian Public Service Workplace Determination 2012 Public service employees are also covered by the Victorian Public Service Workplace Determination Workload negotiations under Part 12; Misconduct under Part 19; Dispute Resolution (grievance under Determination) under Part 11.
46 Workers Compensation Laws If a worker has sustained an injury arising out of or in the course of their employment, they may lodge a workers compensation claim. The worker can claim: Medical expenses Weekly wages Lump sum amount Etc. In respect of a psychological injury, there is no entitlement to compensation if the injury is caused wholly or predominantly by management action taken on reasonable grounds and in a reasonable manner.
47 The Fair Work Act 2009 General Protections Ramos v Good Samaritan Industries (No2) [2011] FMCA 341 Reverse Onus Unfair Dismissal Harley v Aristocrat Technologies Australia [2010] FWA 62 O v Townsville Aboriginal & Torres Strait Islander Corporation Health Services [2012] FWA 2713
48 Employers Occupational Health and Safety legislation Section 21 - provide and maintain safe working environment. Section 22 - monitor health of employees and conditions of workplace. 'Reasonably practicable' Employees Section 25 - reasonable care of their own health and safety, and of others, and cooperate with actions of employer taken under the Act.
49 Section 144 direct liability of officers for failure to take reasonable care. These obligations under OH&S Act are criminal sanctions. Maximum penalties: OHS Continued body corporate - $1.3m Individual - $260,000
50 WorkSafe Powers include: Production of documents Improvement notices Prohibition notices Investigation prosecution
51 Worksafe Victoria v Ballarat Radio Pty Ltd, unreported, Ballarat Magistrates Court (August 2004) Employee at the Ballarat Radio station had been physically and verbally abused by a radio announcer. Conduct was serious, repetitive, and extended over a period of time. Radio announcer - convicted and fined $10,000 for intimidating coworkers and for failing to take care of the health and safety of others in the workplace. Broadcasting company - fined $25,000 for failing to provide a safe workplace, and a further $25,000 for failing to provide instruction, training, and supervision in relation to bullying.
52 WorkSafe Victoria v Kevin Andrews (2013) Disgusting and appalling behaviour with harrowing and profound effects on staff. Called employees porky, wog and big fat bush pig. Referred to women as dogs who are only good for one thing. Grunted and yelled at staff, threw things, hit employees desks with a stick. Fined $50,000 and ordered to pay costs of $50,000.
53 Woolworths Ltd v Sisko [2013] NSWWCCPD 38 (16 July 2013) Requests for support were refused or unanswered. The worker attempted suicide. The employer was found at fault due to heavy workload, lack of assistance, and aggressive treatment by management. Woolworths ordered to pay weekly compensation and ongoing medical expenses.
54 Production of Documents Documentary evidence of a breach makes defence of a charge under OH&S Act very difficult. Internal documents may be required during WorkSafe investigation. Potential way to avoid this is by legal professional privilege.
55 Brodie s Law Previously, the only avenue for prosecution of workplace bullying was the Occupational Health & Safety Act 2004 (Vic). No option for custodial sentence.
56 Amendments to s 21 of the Crimes Act 1958 (Vic) includes the following conduct in the definition of stalking: Making threats to the victim Using abusive or offensive words to, or in the presence of, the victim Performing abusive or offensive acts in the presence of the victim Directing abusive or offensive acts towards the victim Acting in any other way that could reasonably be expected To cause physical or mental harm to the victim, including self-harm To arouse apprehension or fear with the intention of causing physical or mental harm to the victim, including self harm A new definition of mental harm, to include psychological harm and suicidal thoughts.
57 Maximum penalty: 10 years in prison. Brodie s Law sits at the top of the hierarchy of legal responses to workplace bullying. Potential of intervention orders to cause disruption in the workplace.
58 Tips Policies need to be clear and address unacceptable behaviour Vague or perfunctory instructions at the start of employment are simply not enough It should be noted that policies can be incorporated into an employee's employment contract Ongoing education of staff is vital to ensure compliance and to avoid the evolution of a toxic work culture Organisational policies and strategies need to be enforced and sanctions made against perpetrators Don't ignore the actions simply because the alleged bully is a Senior Manager or a valuable employee Don't promise to keep allegations confidential Use objective investigators Respond quickly and with due seriousness to bullying allegations
DEALING WITH WORKPLACE BULLYING - A WORKER S GUIDE NOVEMBER 2013
DEALING WITH WORKPLACE BULLYING - A WORKER S GUIDE NOVEMBER 2013 Safe Work Australia is an Australian Government statutory agency established in 2009. Safe Work Australia consists of representatives of
More informationBullying. A guide for employers and workers. Bullying A guide for employers and workers 1
Bullying A guide for employers and workers Bullying A guide for employers and workers 1 Please note This information is for guidance only and is not to be taken as an expression of the law. It should be
More informationWorkplace Bullying: Reducing the risk
Workplace Bullying: Reducing the risk Bullying in the workplace is becoming an increasingly significant issue for employers to deal with. There are two broad categories of bullying that employers are regularly
More informationAnti-bullying jurisdiction
Anti-bullying jurisdiction Summary of the case management model For implementation from 1 January 2014 1 Overview 1.1 Purpose 1. This paper summarises the procedures and associated functions to be adopted
More informationEmployment Law Update
Employment Law Update 1. The Fair Work Act Anti-Bullying Regime 2. Restraints of Trade in Employment Contracts 3. Recent Developments and Hot Topics 16 September 2014 Presented by Gavin Parsons, Solicitor
More informationPractical guide... termination of employment
The decision to dismiss an employee is an area of the employment relationship that requires an understanding of a wide range of legislative and other obligations of an employer. The decision is also a
More informationEqual Opportunity, Discrimination and Harassment
Equal Opportunity, Discrimination and Harassment Last updated: 22 November 2011 EQUAL OPPORTUNITY, DISCRIMINATION AND HARASSMENT TABLE OF CONTENTS CONTENTS PAGE OVERVIEW... 2 EQUAL OPPORTUNITY LEGISLATION...
More informationAGE DISCRIMINATION. Summary of the law on
Summary of the law on AGE DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the age discrimination provisions of the Equality Act 2010. These apply in
More informationHow To Prevent Sexual Harassment
MODEL LAW ON SEXUAL HARASSMENT 0 MODEL LAW ON SEXUAL HARASSMENT Table of Contents Chapter I: General Provisions... 2 Article 1: [Title]... 2 Article 2: Purpose... 2 Article 3: Application... 2 Article
More informationGUIDE TO EMPLOYMENT LAW IN GUERNSEY
GUIDE TO EMPLOYMENT LAW IN GUERNSEY CONTENTS PREFACE 1 1. Written Statement of Terms and Conditions 2 2. Written Statement of Pay and Deductions 3 3. Written Statement of Reasons for a Dismissal 3 4. Minimum
More informationSEXUAL ORIENTATION. Summary of the law on
Summary of the law on SEXUAL ORIENTATION DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the sexual orientation discrimination provisions of the Equality
More informationManaging Psychological/Bullying Claims - from a Workers Compensation Perspective Patrick Delaney
Managing Psychological/Bullying Claims - from a Workers Compensation Perspective Patrick Delaney Overview Prevalence and Costs Definitions Workers Compensation Legislation Section 4, 9A, 11A Case Law Case
More informationGOVERNMENT OF WESTERN AUSTRALIA
GUIDANCE NOTE Dealing with bullying at work A guide for workers C O M M I S S I O N GOVERNMENT OF WESTERN AUSTRALIA commission for occupational safety and health What this guidance note is about This guidance
More informationRACE DISCRIMINATION. Summary of the law on
Summary of the law on RACE DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the race discrimination provisions of the Equality Act 2010. These apply
More informationAustralian Proportionate Liability Regime
Australian Proportionate Liability Regime May 2014 16 NOVEMBER 2011 Curwoods Lawyers Australia Square Plaza Building Level 9, 95 Pitt Street SYDNEY NSW 2000 t +61 2 9231 4166 f +61 2 9221 3720 CURWOODS
More informationEmployment (Bullying at Work)
Employment (Bullying at Work) 2014-07 EMPLOYMENT (BULLYING AT WORK) ACT 2014 Principal Act Act. No. 2014-07 Commencement [LN. 2014/164] 18.9.2014 Assent 27.2.2014 Amending enactments Relevant current provisions
More informationQueensland WHISTLEBLOWERS PROTECTION ACT 1994
Queensland WHISTLEBLOWERS PROTECTION ACT 1994 Act No. 68 of 1994 Queensland WHISTLEBLOWERS PROTECTION ACT 1994 Section PART 1 PRELIMINARY TABLE OF PROVISIONS Division 1 Title and commencement Page 1 Short
More informationVIEU PREVENTING WORKPLACE BULLYING INCIDENT REPORT FORM.
VIEU PREVENTING WORKPLACE BULLYING INCIDENT REPORT FORM. To substantiate an allegation of workplace bullying the collection of evidence and data is vital. It is important that instances of bullying are
More informationBULLYING AT WORK. The Germans call it psychoterror. In the UK we know it as bullying. Over recent
BULLYING AT WORK What is bullying? The Germans call it psychoterror. In the UK we know it as bullying. Over recent years, reports and accounts of work place bullying have become common place in the media
More informationSEN15-P69b 24 June 2015. University Ordinances
SEN15-P69b 24 June 2015 University Ordinances Ordinance XXXV Staff Disciplinary Policy and Procedure (Version effective from 27 November 2014) This ordinance shall apply to all staff to whom paragraph
More informationZ:\Committee\2015-16\PERSONNEL PANEL\2015-07-14\POLICIES\Discipline Procdure.doc
DISCIPLINARY PROCEDURE 1. PURPOSE AND SCOPE This procedure is designed to help and encourage all council employees to achieve and maintain high standards of conduct whilst at work or representing the council.
More information12 May 2014. Professor Barbara McDonald Commissioner Australian Law Reform Commission GPO Box 3708 Sydney NSW 2001. By Email to: info@alrc.gov.
12 May 2014 Geoff Bowyer T 03 9607 9497 F 03 9607 5270 president@liv.asn.au Professor Barbara McDonald Commissioner Australian Law Reform Commission GPO Box 3708 Sydney NSW 2001 By Email to: info@alrc.gov.au
More informationLegal Risks Associated With Email and Internet Use and Abuse by Employees
February 2004 Legal Risks Associated With Email and Internet Use and Abuse by Employees The potential for abuse of email and Internet facilities provided at the workplace is virtually limitless and could
More informationDEALING WITH WORKPLACE BULLYING. A Practical Guide for Employees
DEALING WITH WORKPLACE BULLYING A Practical Guide for Employees Workplace bullying is a significant problem in today s workforce. In 2005 the Interagency Round Table on Workplace Bullying was created to
More informationBullying: The Costly Business Secret (Penguin, New Zealand, 2003) brought to the fore
A INTRODUCTION Three years ago, the terms workplace bullying and workplace stress were virtually unheard of. There is no doubt that many workplaces had bullies within them and many workplaces employed
More informationComplaint. Handling. Policy. Guidelines
Complaint Handling Policy Guidelines April 2011 1 Complaints Handling Policy guidelines Contents Introduction 3 Making a Complaint 4 Receiving a Complaint 8 Assessing a Complaint 10 Deciding how to deal
More informationTHIRD SUPPLEMENT TO THE GIBRALTAR GAZETTE No. 4,044 of 12th December, 2013 BILL FOR. 2. In this Act, unless the context otherwise requires
THIRD SUPPLEMENT TO THE GIBRALTAR GAZETTE No. 4,044 of 12th December, 2013 B. 24/13 BILL FOR AN ACT to prohibit bullying and victimisation in employment and for connected purposes. ENACTED by the Legislature
More information3.2 GTCC is committed to promoting EEO for women, members of racial minorities and people with disability.
Policy Anti-Discrimination and Equal Employment Opportunity 1 Background Greater Taree City Council s (GTCC) general obligations in regard to anti-discrimination and equal employment opportunity (EEO)
More informationSummary of the law on race discrimination. www.thompsonstradeunionlaw.co.uk
Summary of the law on race discrimination www.thompsonstradeunionlaw.co.uk Our pledge to you Thompsons Solicitors has been standing up for the injured and mistreated since Harry Thompson founded the firm
More informationLEGAL UPDATE ON BULLYING, HARASSMENT AND STRESS IN THE WORKPLACE
LEGAL UPDATE ON BULLYING, HARASSMENT AND STRESS IN THE WORKPLACE 26 th January 2011 Maura Connolly Head of Employment and Employee Benefits Group Eugene F. Collins, Solicitors Introduction SESSION 1: 10am
More informationKnow. Your. Rights. Understanding. grievances. www.worksmart.org.uk. and disciplinaries
Understanding Know Your Rights www.worksmart.org.uk grievances and disciplinaries Introduction Whatever job you do, you can run into problems at work. Sometimes these can be sorted out quickly by informal
More informationDisciplinary and grievance procedures Draft Acas Code of Practice
Disciplinary and grievance procedures Draft Acas Code of Practice June 2004 This Code of Practice provides practical guidance to employers, workers and their representatives on: The statutory requirements
More informationGrievance, Whistle blowing and Disciplinary, including Dismissals
eastsussex.gov.uk Grievance, Whistle blowing and Disciplinary, including Dismissals This document will provide you with information on Grievance, Whistle blowing and Disciplinary procedures, including
More informationDisability discrimination
Disability discrimination Disability discrimination occurs when a person is treated less favourably, or not given the same opportunities, as others in a similar situation because of their disability. The
More informationGlasgow Kelvin College. Disciplinary Policy and Procedure
Appendix 1 Glasgow Kelvin College Disciplinary Policy and Procedure Document Control Information Status: Responsibility for Document and its implementation Responsibility for document review: Current version
More informationSchool Bullying and the Law in the Republic of Ireland David Quirke BA, LLM
School Bullying and the Law in the David Quirke BA, LLM CONTENTS 1. Introduction. 2. The Role of the School.. 3. Criminal Law 4. Civil Law. 5. Cyber-Bullying... 6. Children s Rights 7. Conclusion. Introduction
More informationStand up to bullying. Serving those who serve the public
Stand up to bullying Serving those who serve the public Beating bullying IMPACT first published guidelines on workplace bullying in 1997. We ve now updated them to take account of a major report by the
More informationArchitects Accreditation Council of Australia. Regulation of the Architect Profession within Australia An Overview
Architects Accreditation Council of Australia Regulation of the Architect Profession within Australia An Overview February 2015 Table of Contents 1. Introduction... 3 2. Registration Requirements for Individuals...
More informationDISCIPLINARY POLICY AND PROCEDURE
DISCIPLINARY POLICY AND PROCEDURE Content Policy statement 1. Principles 2. Standards 3. Disciplinary procedure 4. Investigation
More informationAddressing Mental Health and Injury in the Workplace
Addressing Mental Health and Injury in the Workplace 1 THE CONCERN WITH MENTAL HEALTH IN THE WORKPLACE Mental health in the workplace is becoming a more regular occurrence, from mood disorders (such as
More informationAccident Compensation Act
Accident Compensation Act Changes to the Accident Compensation Act 1985 explained Edition No. 1 March 2010 Contents Introduction 1 Overview of changes 2 Key changes Workers entitlement to compensation
More informationLocal Disciplinary Policy
DOCUMENT INFORMATION Origination/author: Judith Coslett, Head of Human Resources This document replaces: Local Disciplinary and Dismissal Procedure 05 Date/detail of consultation: Staff Forum and Unison
More informationEmployment law solicitors
Employment law solicitors At Millbank solicitors we are dedicated to providing prompt and practical employment advice to both employers and employees. Our expert lawyers appreciate and understand the ever
More informationDISCIPLINE RUTLAND. limited by guarantee. Registered in England and Wales.
DISCIPLINE POLICY FOR STAFF OCTOBER 2014 HARINGTON SCHOOL RUTLAND office@haringtonschool.com www. haringtonschool.com Harington School. Registered Company Number 9031174. Company limited by guarantee.
More informationDEPARTMENT OF PUBLIC WORKS MANAGEMENT MANUAL
DEPARTMENT OF PUBLIC WORKS MANAGEMENT MANUAL Personnel Directive Subject: PROCEDURE FOR PREVENTING AND/OR RESOLVING PROBLEMS RELATED TO SEXUAL HARASSMENT ADOPTED BY THE BOARD OF PUBLIC WORKS, CITY OF LOS
More informationFrom Hiring to Firing
From Hiring to Firing A Basic Guide to the Australian Employment Law Life Cycle HIRING For many employers, the key to having a productive and high-performing workforce is recruiting the right people. It
More informationLegal Research Record
Legal Research Record Summary of problem(s) Design and Dress Limited (DDL) has experienced problems due to the alleged harassment of one of their employees, Susie Baker, by another employee, Stephen Harding
More informationUNISCOPE COMMUNICATIONS PTY LTD. P a g e 1 ABN: 80 159 470 943. Unit 3/10, Advantage Way, Wangara, Western Australia, 6065.
UNISCOPE COMMUNICATIONS PTY LTD ABN: 80 159 470 943 Unit 3/10, Advantage Way, Wangara, Western Australia, 6065. T: (08) 6555 5850 E: info@uniscope.com.au W: www.uniscope.com.au P a g e 1 Table of Contents
More informationDisciplinary Policy & Procedure. Version 2.0
Disciplinary Policy & Procedure Version 2.0 Date of Last Update: February 2015 Version Control Note: minor updates increase version number by 0.1, major updates increase version number by 1.0. Version
More informationDeficit Reduction Act of 2005 6032 Employee Education About False Claims Recovery
DMH S&P No. 1 Revision No. N/A Effective Date: 01/01/07 COMPLIANCE STANDARD: Deficit Reduction Act of 2005 6032 Employee Education About False Claims Recovery BACKGROUND AND PURPOSE As stated in its Directive
More informationFamily Violence: Improving Legal Frameworks
Submission to the Australian Law Reform Commission Family Violence: Improving Legal Frameworks June 2010 Murray Mallee Community Legal Service 122 Ninth Street Mildura Victoria 3500 Enquiries to: Amanda
More informationManaging performance in the era of adverse action and discrimination claims Ross Jackson Partner Lindy Richardson Partner Overview Managing staff when it s bullying and when it isn t Risks in performance
More informationPolice Officers who Commit Domestic Violence-Related Criminal Offences 1
PUBLIC DOCUMENT Association of Chief Police Officers of England, Wales and Northern Ireland Police Officers who Commit Domestic Violence-Related Criminal Offences 1 This is an ACPO policy relating to police
More informationMODEL FRAMEWORK. Protection from Child Abuse, Discrimination, and Sexual Harassment
MODEL FRAMEWORK Protection from Child Abuse, Discrimination, and Sexual Harassment Model Framework Protection from Child Abuse, Discrimination, and Sexual Harassment Model Framework: Protection from Child
More informationAct 6 Whistleblowers Protection Act 2010 THE WHISTLEBLOWERS PROTECTION ACT, 2010.
ACTS SUPPLEMENT No. 4 11th May, 2010. ACTS SUPPLEMENT to The Uganda Gazette No. 27 Volume CIII dated 11th May 2010. Printed by UPPC, Entebbe, by Order of the Government. Act 6 Whistleblowers Protection
More informationINTERPRETATIVE GUIDELINE MODEL WORK HEALTH AND SAFETY ACT DISCRIMINATORY, COERCIVE OR MISLEADING CONDUCT
MODEL WORK HEALTH AND SAFETY ACT DISCRIMINATORY, COERCIVE OR MISLEADING CONDUCT This document provides guidance on the interpretation and application of specific terms and concepts used in the provisions
More informationDiscipline and Dismissal
Discipline and Dismissal Donna Ingleby Ed Jenneson Topics for today's briefing: Planning and Compulsory Purchase Act 2004 Capability Procedure Grievance Procedure The ACAS Code 1 Unfair Dismissal The Start
More informationDisciplinary Policy and Procedure
Disciplinary Policy and Procedure Policy 1. Purpose of the policy and procedure Disciplinary rules are important for the running of the University so that everyone understands what is expected of them
More informationGUIDE TO EMPLOYMENT LAW IN GUERNSEY
GUIDE TO EMPLOYMENT LAW IN GUERNSEY CONTENTS PREFACE 1 1. Written Statement of Terms and Conditions 2 2. Written Statement of Pay and Deductions 3 3. Written Statement of Reasons for a Dismissal 3 4. Minimum
More informationThe statutory discipline and grievance resolution procedures what you need to know
The statutory discipline and grievance resolution procedures what you need to know Statutory procedures governing disciplinary, dismissal and grievance issues introduced by the Employment Act 2002 overhauled
More informationLAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001
1 LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT BILL 2001 EXPLANATORY NOTES GENERAL OUTLINE OBJECTIVES OF THE LEGISLATION The purpose of this Bill is to address the impact of the decision of the High
More informationDISABILITY. Summary of the law on
Summary of the law on DISABILITY DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the age discrimination provisions of the Equality Act 2010. These apply
More informationHow To Write A Prison Service Plan
ISLE OF MAN PRISON SERVICE CODE OF CONDUCT AND DISCIPLINE Isle of Man Prison Service Code of Conduct and Discipline Contents Statement of Purpose and Values Purpose Prison Service Objectives Values Definition
More informationCOMPLAINTS MANAGEMENT POLICY AND PROCEDURES
COMPLAINTS MANAGEMENT POLICY AND PROCEDURES CONTENTS 1 POLICY... 3 2 BACKGROUND... 3 2.1 RATIONALE... 3 2.2 RELATED POLICIES AND PROCEDURES... 4 2.3 KEY DEFINITIONS... 5 2.4 PRINCIPLES UNDERLYING THE POLICY...
More informationEQUAL OPPORTUNITIES AND DIVERSITY POLICY 1. GENERAL
EQUAL OPPORTUNITIES AND DIVERSITY POLICY 1. GENERAL 1.1 Juice Resource Solutions Limited embraces diversity and will seek to promote the benefits of diversity in all of our business activities. We will
More informationState University of New York at Potsdam. Workplace Violence Prevention Policy and Procedures
State University of New York at Potsdam Workplace Violence Prevention Policy and Procedures Revision Date: September 15, 2015 Page 1 of 7 TABLE OF CONTENTS Policy... 3 Statement... 3 Definitions... 3 Application
More informationDiscrimination law: constraints on criminal record checks in recruitment
Discrimination law: constraints on criminal record checks in recruitment Professor Marilyn Pittard MONASH UNIVERSITY 1 Many employers undertake criminal record checks because they are required to under
More informationDocument Name Disciplinary Policy Accountable Body RADIUS Trust Reference HR.P2 Date Ratified 13 th August 2015 Version 1.5 Last Update August 2015
Category Human Resources Document Name Disciplinary Policy Accountable Body RADIUS Trust Reference HR.P2 Date Ratified 13 th August 2015 Version 1.5 Last Update August 2015 Related Documents Name Support
More informationStaff Disciplinary and Dismissal Policy and Procedure January 2011
Staff Disciplinary and Dismissal Policy and Procedure January 2011 Staff Disciplinary and Dismissal Policy and Procedure Contents Section Page No. 1. Policy statement 2 2. Purpose and scope 2 Informal
More informationINTRODUCTION TO THE WORK HEALTH AND SAFETY ACT
INTRODUCTION TO THE WORK HEALTH AND SAFETY ACT Harmonisation Topics Agenda Person Conducting a Business or Undertaking (PCBU s) Directors & Officers inc due diligence Workers Consultation Health & Safety
More informationEmployment Law Glossary of key terms and abbreviations
Employment Law Glossary of key terms and abbreviations ACAS ACAS stands for the Advisory, Conciliation and Arbitration Service a UK government funded independent body offering conciliation services to
More informationPART THREE: TEMPLATE POLICY ON GENDER-BASED VIOLENCE AND THE WORKPLACE
PART THREE: TEMPLATE POLICY ON GENDER-BASED VIOLENCE AND THE WORKPLACE Draft Organization s Bulletin The Secretary-General, for the purpose of preventing and addressing cases of Genderbased Violence (as
More informationLiverpool Hope University. Equality and Diversity Policy. Date approved: 14.04.2011 Revised (statutory. 18.02.2012 changes)
Liverpool Hope University Equality and Diversity Policy Approved by: University Council Date approved: 14.04.2011 Revised (statutory 18.02.2012 changes) Consistent with its Mission, Liverpool Hope strives
More informationDisciplinary Policy for Schools
for Schools 2 July 2014 Contents 1 Introduction... 1 1.1 What is the policy about?... 1 1.2 Who does the policy apply to?... 1 1.3 Core Principles... 1 1.3.1 Misconduct... 1 1.3.2 Gross misconduct... 2
More informationDiscipline. Managing People. VOIP 2000 - HR Direct Fife Council April 2015 1 DI02. P o l i c y a n d P r o c e d u r e. 1 Purpose and Scope
Discipline P o l i c y a n d P r o c e d u r e 1 Purpose and Scope This procedure is designed to help and encourage all employees to achieve and maintain standards of conduct. This procedure applies to
More informationAugust 2007 Education and Membership Development Department
August 2007 Education and Membership Development Department Table of Contents Title VII of the Civil Rights Act of 1964 3 What is Sexual Harassment? 3 4 How Can Sexual Harassment Occur? 4 5 When is an
More informationInformation Sheet 9: Supervising your Staff
Shaw Trust Direct Payments Support Services Information Sheet 9: Supervising your Staff Sheet Outline: Conducting an Appraisal interview Discipline and Grievances Outcome: To increase awareness of the
More informationSuzanne Kupsch. Dawson Chambers Room 5, 405 Little Bourke Street Melbourne Victoria T: + 61 3 9229 5022 List Y: +61 3 9225 6777
Suzanne Kupsch Dawson Chambers Room 5, 405 Little Bourke Street Melbourne Victoria T: + 61 3 9229 5022 List Y: +61 3 9225 6777 Admission Admitted to practice as a barrister & solicitor on 6 March 2000
More informationCourse like a Trial process with many case examples and notable trials discussed
"THE LAW OR JUSTICE" SYNOPSIS OF U3A COURSE AN OVERVIEW/OUTLINE 1. Introduction and Explanation: Opening and Welcome to U3A course Course like a Trial process with many case examples and notable trials
More informationWotton-under-Edge Town Council
Wotton-under-Edge Town Council Disciplinary Procedure Adopted March 2015 1. PROCEDURE This procedure is designed to help and encourage all council employees to achieve and maintain high standards of conduct
More informationPage 1 of 11. Policy Number 1.29 Version 1 Policy Name
Policy Number 1.29 Version 1 Policy Name Policy Aim Compliance Standard Date Created 1/1/2015 Date Endorsed 12/1/2015 Revision Date 1/1/2018 Endorsed By Related Policies Related Procedures File Location
More informationAccident Compensation Amendment Act March 2010
C Circulate to: A Assistance BIZassistInfoline: 1300 78 38 44 Or email: bizassistinfoline@aigroup.asn.au Accident Compensation Amendment Act March 2010 Background On 10 December 2007, the Victorian Government
More informationHuman Resources Author: Lou Hassen Version: 1 Review Date: Dec 2012 Page 1 of 7. Trinity Academy Disciplinary Policy
Page 1 of 7 Trinity Academy Disciplinary Policy Policy Statement The purpose of the Disciplinary Procedure is to give staff members every opportunity to improve standards of behaviour and conduct and to
More informationWhistleblowing. Some Relevant Considerations
Whistleblowing Some Relevant Considerations Contents Whistleblowing: some ethical and legal considerations 2 What is whistleblowing? 3 Whistleblowing duty 4 Whistleblowing in the Accounting Professional
More informationWhat is DOMESTIC VIOLENCE?
What is DOMESTIC VIOLENCE? Domestic violence is a pattern of control used by one person to exert power over another. Verbal abuse, threats, physical, and sexual abuse are the methods used to maintain power
More informationChapter 26. Litigation guardians. CONTENTS Introduction 570 Current law 570 Community responses 571 The Commission s views and conclusions 573
6 CONTENTS Introduction 570 Current law 570 Community responses 571 The Commission s views and conclusions 573 569 Introduction 26.1 This chapter deals with the ability of substitute decision makers to
More informationDISCIPLINARY PROCEDURE
DISCIPLINARY PROCEDURE 1. Purpose and Scope 1.1 The Company s procedure is designed to help and encourage all workers to achieve and maintain standards of conduct, attendance and job performance. The Company
More informationEmployment Law Guide
Employment Law Guide Settlement Agreements (Formally known as Compromise Agreements) See the separate guide. Unfair Dismissal Length of employment Employees can only bring a claim for ordinary unfair dismissal
More informationFEDERAL LAWS RELATING TO FRAUD, WASTE AND ABUSE
FEDERAL LAWS RELATING TO FRAUD, WASTE AND ABUSE FEDERAL CIVIL FALSE CLAIMS ACT The federal civil False Claims Act, 31 U.S.C. 3729, et seq., ( FCA ) was originally enacted in 1863 to combat fraud perpetrated
More informationSAMPLE. Professional Indemnity Insurance (PII) Policy 2015/16. lawcover.com.au Page 1
Professional Indemnity Insurance (PII) Policy 2015/16 Lawcover Insurance Pty Limited ABN 15 095 082 509 Level 13, 383 Kent Street Sydney NSW 2000 DX 13013 Sydney Market Street Telephone: 1800 650 748 (02)
More informationEQUALITY AND DIVERSITY POLICY & PROCEDURE MICHAEL W HALSALL (SOLICITORS)
EQUALITY AND DIVERSITY POLICY & PROCEDURE MICHAEL W HALSALL (SOLICITORS) JANUARY 2010 Michael W Halsall Anti-Discrimination Policy Introduction Michael W. Halsall Solicitors serves a diverse client base.
More informationDISCIPLINARY POLICY. 1. Introduction. 2. Structured support. 3. Formal action process 3.1. Investigations. 4. Notes of the Hearing and Investigation
HUMAN RESOURCES DISCIPLINARY POLICY 1. Introduction 2. Structured support 3. Formal action process 3.1. Investigations 4. Notes of the Hearing and Investigation 5. Suspension 6. Grievance 7. Convening
More informationDisciplinary and Grievance Policy
United Biscuits UK Ltd Disciplinary and Grievance Policy June 2015 Contents 1. Introduction... 3 2. Disciplinary Policy... 3 2.1. Aims of Policy... 3 2.2. Responsibilities... 3 2.3. Legal Framework within
More informationNEWMAN UNIVERSITY DISCIPLINARY POLICY AND PROCEDURE
1. Scope and Purpose NEWMAN UNIVERSITY DISCIPLINARY POLICY AND PROCEDURE 1.1 Newman University [hereafter referred to as the University] recognises disciplinary rules and procedures are necessary for the
More informationThe Family Violence Protection Act 2008
Law Enforcement Client Newsletter The Family Violence Protection Act 2008 October 2008 The Family Violence Protection Act 2008 (the Act) was assented to on 23 September 2008. The Act is not yet in effect.
More informationPRESENTATION OVERVIEW
WORK PLACE STRESS AND MANAGING SICKNESS ABSENCE - A PRESENTATION BY PAUL MAYNARD PRESENTATION OVERVIEW Work Place Stress - What is stress - Why is it a problem for you - HSE Management Guidelines - Benefits
More informationLAW ADMISSIONS CONSULTATIVE COMMITTEE 1 DISCLOSURE GUIDELINES FOR APPLICANTS FOR ADMISSION TO THE LEGAL PROFESSION
LAW ADMISSIONS CONSULTATIVE COMMITTEE 1 DISCLOSURE GUIDELINES FOR APPLICANTS FOR ADMISSION TO THE LEGAL PROFESSION CAUTION: The attached document refers to Victorian legislation. Each Admitting Authority
More informationAUSTRALIAN LIVESTOCK & PROPERTY AGENTS ASSOCIATION LTD.
AUSTRALIAN LIVESTOCK & PROPERTY AGENTS ASSOCIATION LTD. INDEPENDENT CONTRACTORS KIT FOR LIVESTOCK & PROPERTY AGENTS D ISCL A IM E R The Australian Livestock & Property Agents Association Ltd (ALPA) believes
More informationNewcastle University disciplinary procedure
Newcastle University disciplinary procedure Contents 1. INTRODUCTION... 1 2. RIGHT OF REPRESENTATION... 3 3. TRADE UNION REPRESENTATIVES... 3 4. SCHEDULING OF FORMAL MEETINGS AND APPEALS... 3 5. INVESTIGATION...
More informationBullying and Harassment at Work Policy
Bullying and Harassment at Work Policy i) Statement Everyone should be treated with dignity and respect at work, irrespective of their status or position within the organisation. Bullying and harassment
More information