Webinar: Workplace bullying and harassment claims and reasonable management action

Summary

The webinar, hosted by Tim Los and presented by DWF lawyers, addresses the rise in bullying and harassment claims and their impact on workers' mental health. It delves into the legal aspects of primary psychological injuries, the importance of reasonable management actions, and how they relate to compensation claims. The discussion covers the legal definitions, case law, and practical advice for employers on preventing and managing such claims, emphasizing the need for clear policies, training, and a supportive workplace culture.

Takeaways

• 📚 The webinar focuses on bullying and harassment claims, and the concept of reasonable management action in the context of workers' compensation.
• 🙋‍♂️ Tim Los, a senior lawyer at WorkCover, hosts the webinar, acknowledging the traditional custodians of the land and introducing the guest presenters from DWF Lawyers.
• 🔍 The session covers primary mental injuries, which are psychological injuries not resulting from physical harm, and their increasing prevalence in the workplace.
• 📈 Psychological injury claims are on the rise, costing more due to longer recovery times and the potential for a breakdown in the employment relationship.
• 🚫 The concept of 'reasonable management action' is crucial in determining compensability of claims, aiming to balance access to justice with preventing excessive claims.
• 📉 The increase in psychological injury claims is attributed to factors such as bullying, harassment, overwork, and occupational violence.
• 🏢 Employers have a duty of care to protect employees from foreseeable psychiatric injuries, which includes managing the risk of bullying and harassment.
• 📚 Policies and procedures for addressing bullying and harassment are essential, and employers must ensure they are followed and updated regularly.
• 👥 Training and education on acceptable workplace behavior are important for fostering an inclusive culture and preventing bullying and harassment.
• 🔎 Investigations into complaints of bullying and harassment must be thorough and unbiased, with appropriate actions taken based on the findings.

Q & A

What is the main focus of the webinar presented by Tim Los and DWF lawyers?

The main focus of the webinar is on bullying and harassment claims, and the concept of reasonable management action in the context of workplace injury claims, particularly psychological injuries.

Why is there an increase in psychological injury claims according to the webinar?

The increase in psychological injury claims is attributed to growing awareness and destigmatization of psychological injuries in the community, leading to more reports and claims being filed.

What is the 'reasonable management action' exclusion in statutory compensation?

The 'reasonable management action' exclusion is a provision that states if a claim arises from reasonable management action, it is non-compensable. This provision aims to protect employers from being held liable for work cover disputation when they manage their employees in a reasonable manner.

What are some examples of management actions that could be considered reasonable under the Workers Compensation Act?

Examples of reasonable management actions include transferring, demoting, disciplining, redeploying, retrenching, or dismissing a worker. These actions must be carried out in a reasonable way and have an evident and intelligible justification.

How can an employer prevent bullying and harassment claims in the common law context?

Employers can prevent bullying and harassment claims by establishing clear policies and procedures, providing training and education, leading by example, promoting an inclusive culture, and ensuring proper investigation and resolution of complaints.

What is the significance of the 'floodgates' argument in relation to psychological injury claims?

The 'floodgates' argument refers to the concern that if psychological injury claims are too easily compensable, there could be an overwhelming influx of such claims, which is why the reasonable management action exclusion is in place to maintain a balance.

What are some practical steps employers can take to manage and prevent bullying and harassment in the workplace?

Employers can establish clear anti-bullying and anti-harassment policies, provide ongoing training and education, lead by example, promote an inclusive culture, support systems, maintain a reporting culture, and ensure thorough investigation and appropriate consequences for violations.

How does the concept of 'vicarious liability' apply to bullying and harassment claims in the workplace?

Vicarious liability holds an employer liable for the wrongful acts of its employees if those acts were done in the course of employment. This means an employer can be held responsible for the bullying or harassment committed by a manager or supervisor during their duties.

What is the difference between primary and secondary psychological injuries in the context of workplace injuries?

Primary psychological injuries are those where the dominant nature of the injury is psychological, often arising from bullying, harassment, or overwork. Secondary psychological injuries, in contrast, are claims that arise secondary to a physical injury.

What are some common scenarios that give rise to psychological injuries in the workplace?

Common scenarios include bullying and harassment, overwork, occupational violence, health disability, investigation of complaints, performance management, and decision-making processes.