Workplace bullying has been with us ever since the advent of the Industrial Revolution. Interestingly in New South Wales the Office of Industrial Relations of the NSW Department of Commerce provides scant information about this anti-social workplace behaviour. Research indicates that workplace bullying is widespread and that it is more prevalent that harassment. What is also interesting is that in New South Wales there is no statutory definition of bullying. In point of fact Butterworths Australian Legal Dictionary is also mute on this point. The Law Society of NSW has offered the following definition of bullying: “Unreasonable and inappropriate workplace behaviour includes bullying, which comprises behaviour which intimidates, offends, degrades, insults or humiliates an employee possibly in front of co-workers, clients or customers and which includes physical or psychological behaviour.” Importantly, employees have a duty under Occupational, Health and Safety laws to find out about bullying and take steps to prevent it. Under the NSW Occupational Health and Safety Act 2000 an employer has an obligation to ensure the health, safety and welfare of all employees and this extends to bullying. Employers also have a duty to take reasonable care for […]
Full Article At: KnowHow-Now.com Articles
The following Q&A’s have been provided to help you better understand Employment Law.
Q. Following the introduction of Workchoices earlier this year although I work for a company having less than 100 employees do I still have any remedies left?
A. Yes. You are entitled to bring an action against your employer where there has either been a breach of an express or implied term of your contract of employment.
Q. Although the company for whom I am working is not meeting budget the area in which I work has exceeded budget but I am being put under increasing pressure to improve output?
A. All employers have managerial prerogative but where this is unreasonably exceeded and this has been raised with them, this can constitute a breach of your contract of employment. The particular circumstances which apply are extremely important in assessing the extent to which an employee has an available remedy.
Q. I approached my employer asking could I take leave without pay and they asked me to resign on the basis that when I returned all I had to do was reapply for my old position and it would be given back to me. I did this and on my return I put […]
Full Article At: KnowHow-Now.com Articles
If you got an employment case that needs legal assistance and representation by an attorney, you must be wary in choosing the right employment lawyer. It is your exclusive right to choose an advocate to uphold your worker’s rights. But how do you start scouting for the right lawyer?
First, you need to be sure of three things that must be present with an employment lawyer: first, he must be specialized with employment laws; second, he should represent the employees of his jurisdiction; and third, he must have his own office or he comes from a law firm in your state.
Most labor unions have a pool of referrals for lawyers who can handle employment cases like yours. But if you’re out on your own to look for a lawyer, you can refer to websites that usually contains details about their background and track record. Yellow pages can be a good resource too. The National Employment Lawyers Association (www.nela.org) has a repository of lawyer information that represents employees (not employers). You can also ask referral from friends or other lawyers (use the free lawyer referral service from your local state bar association). Be sure that you choose a lawyer within a short […]
Full Article At: KnowHow-Now.com Articles
