Bullying has many causes and too many avenues of appeal

On 18 October 2011, there was a brief discussion on workplace bullying in the ACT Legislative Assembly of the Australian Capital Territory (ACT).  The question to Chief Minister Katy Gallagher, stemmed, ostensibly, from a recent WorkSafe ACT assessment of Canberra restaurants and food retailers.  The assessment identified that:

“… only 66 per cent of food outlets were compliant with workplace bullying regulations.”

Such a statement needs considerable explanation to be of use in safety management but it led to a further question from Greens MP Meredith Hunter, one which indicates the confused status of workplace bullying control options.

“Minister, what consideration has the ACT government given to bullying as a ground for discrimination under the ACT’s Discrimination Act, which would give complainants and respondents to bullying complaints access to the Human Rights Commission’s investigation and conciliation functions and clear remedies for victimisation of a person making a complaint?”

It is unreasonable to expect that a Code of Practice on workplace bullying drafted under OHS laws would have the capacity to control the hazard, or provide sufficient guidance, when there are other avenues for restitution that are far more involved, such as discrimination and human rights commissions and tribunals. Continue reading “Bullying has many causes and too many avenues of appeal”

Important OHS law reformer, Jeff Shaw, dies

Around 15 years ago, occupational health and safety law in New South Wales looked exciting.  The NSW Standing Committee on Law & Justice was  investigating OHS, and not just the laws.  There was a potential for the inquiry to make New South Wales a leader in innovation in this sector.

On 11 May 2010, the news broke that a leading supporter for the review, Jeff Shaw, had died.  Although his legal career ended in controversial fashion, Shaw’s activities in relation to industrial relations and OHS were notable.  SafetyAtWorkBlog looks briefly at Jeff Shaw’s OHS legacy. Continue reading “Important OHS law reformer, Jeff Shaw, dies”

Genetic discrimination at the workplace

In the Men’s Health page (page 59, not available online) of the Australian Financial Review on 16 April 2009 was a mention of a verified case of genetic discrimination in worker’s compensation.

It says that a woman slipped at work and lodged a worker’s compensation application.  The assessment tribunal noted that some members of her family manifested Huntington’s disease which, in its early stages, may cause clumsiness and the tribunal requested a genetic test for the Huntington’s gene.

It is a shame that this article was limited to the Men’s Health page as the issues raised have considerable impact on how safety and return-to-work obligations are handled in workplaces.  

There are two studies quoted in the article and it is unclear which had the worker’s compensation case quoted.  It may have been Genetics in Medicine  but blog readers’ help would be appreciated.

Kevin Jones

An interesting short article on genetic discrimination from late-March 2009 is available online.

 

 

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