Discrimination, Harassment and Bullying law

Even in the most harmonious workplace, instances of discrimination, harassment and bullying can occur. Recent legal cases demonstrate the substantial commercial risk faced by employers who fail to adequately deal with these occurrences. Anti-discrimination laws impose numerous restrictions on employment related decisions such as recruitment, promotion, transfer and termination. For employers, failure to understand and manage these issues can result in liability.

 

Given the increasing focus on such issues by the government and society, as well as ongoing changes to the legal framework in these areas, a fundamental part of our role is to assist clients with updating their policies and procedures to remain compliant with the applicable federal and state laws.

 

Apart from the Fair Work Act, there are federal, state and territory anti-discrimination laws that prohibit discrimination, harassment, victimisation, bullying and (in some jurisdictions) vilification in various areas of public life, including in the workplace. From a legal point of view, employers, managers and supervisors have a vital role to play in ensuring that the laws in this area are complied with by everyone in your company.

 

The law says that the employer, whether an individual or company, will be liable for discrimination or harassment that the employer causes. This is called primary liability. Primary liability will be incurred either through the actions of the individual employer, or in the case of a company, through the actions of its chief executive officer or managers. An employer can also be liable where he or she, or in the case of a company, the managers, ignore discrimination or harassment that they see happening in the workplace.

 

We assist our clients with proactive measures to avoid discrimination complaints, including ensuring that policies/procedures and training comply with both legislation and industry/best practice.

 

Developing up-to-date and effective workplace policies for businesses of all sizes is one of our strengths and we can assist you with ensuring your policies in the areas of discrimination, harassment and bullying are up to date and implemented, as well as providing advice and representation with regard to their enforcement. Our advice allows you to understand the various restrictions that anti-discrimination statutes impose on decision making in the context of employment. FoodBev HRS can provide you with a range of high quality services in discrimination law, including:

• Advice to assist with managing harassment and discrimination in the workplace

• Assistance in implementing preventative measures such as policies and complaint procedures

• Assistance and training in complaint handling

• Advising how to avoid risks of claims of discrimination in connection with other issues such as termination of employment or implementation of workplace change,

• Advising on possible discrimination issues

• Advising on or drafting policies to minimise risks associated with discrimination, harassment or bullying

• Investigation of harassment and discrimination complaints in the workplace

• Preparation of high quality information informing clients of relevant legal developments.