We regularly assist clients in addressing and preventing workplace harassment and bullying. We provide guidance on creating respectful work environments and resolving disputes effectively. Our approach aims to protect employees, maintain productivity, and safeguard our clients’ reputations while ensuring compliance with relevant laws and regulations.
Overview
Workplace harassment and bullying are serious issues that can profoundly impact employee well-being, productivity, and organisational culture. In Australia, these matters are regulated by the Fair Work Act 2009, anti-discrimination legislation, and work health and safety laws. The legal framework imposes significant obligations on employers to prevent and address such behaviours in the workplace.
The consequences of failing to adequately address harassment and bullying can be severe. Beyond the immediate impact on affected employees, businesses may face legal liabilities, reputational damage, decreased productivity, and increased staff turnover. In recent years, there has been increased public and regulatory scrutiny of these issues, with high-profile cases highlighting the importance of proactive management and swift, appropriate responses to complaints.
When incidents occur, proactive measures and effective response strategies are crucial for maintaining a positive and productive workplace. Employers must also be prepared to conduct fair and thorough investigations when allegations arise.
Our approach
Our approach combines preventative strategies with responsive action. We work closely with clients to develop and implement robust harassment and bullying policies and procedures. This includes crafting comprehensive policies defining unacceptable behaviour, outlining reporting procedures and explaining the consequences of policy breaches.
When disputes or complaints arise, we offer prompt and discreet assistance. We provide clear, practical advice on managing the investigation process, including considerations around standing down employees, preserving evidence and managing communication with affected parties.
Following investigations, we assist clients in determining appropriate courses of action, whether that involves disciplinary measures, mediation, or organisational changes. Our goal is to resolve issues swiftly and fairly, minimising disruption to the workplace and protecting our clients from potential legal and reputational risks.
Representative experience
- Crafted a comprehensive anti-bullying policy for a local government incorporating. We developed and delivered tailored training sessions for staff, resulting in a reduction in reported incidents within the first year of implementation.
- Conducted an investigation into allegations of sexual harassment at a financial services firm, providing a detailed report and recommendations for resolution. Our thorough and sensitive approach helped the client address the immediate issue and implement long-term changes.
- Defended a hospitality group against claims of racial discrimination and harassment, successfully resolving the matter through mediation.
- Advised a tech start-up on implementing a bystander intervention program, significantly reducing instances of workplace bullying. The program included interactive workshops and a confidential reporting system, leading to a decrease in formal complaints.
- Represented an educational institution in Fair Work Commission proceedings related to a stop-bullying order, achieving a favourable outcome for our client.