Outline
- Workplace Health & Safety (WHS)
- Bullying in the workplace
- Sexual harassment
- Anti discrimination
- Unfair dismissal
Workplace Health & Safety (WHS)
The Workplace Health and Safety Act (WHS) 2010 outlines the responsibilities of employers and employees to ensure the working environment is safe.
| Employers responsibilities | Employee responsibilities |
|---|---|
| Workplace is safe | Comply with the safety instructions |
| Machinery and equipment is regularly inspected and maintained | Report any risks and hazards |
| Protective clothing and training is provided | Cooperate in investigations to prevent accidents from occurring |
| WHS policy exists with a committee to enforces the rules | Be aware of policies and attend training |
Bullying in the workplace
- As much as 85% of employees have suffered or witnessed bullying in their workplace. Bullying can be repeated and ongoing.
- Examples of bullying in the workplace include: humiliation, intimidation, verbal abuse, touching, violence, threats and exclusions.
Sexual harassment
- Sexual harassment is any behaviour with sexual nature that can make a person uncomfortable, feel humiliated or offended.
- Sexual harassment is illegal according to the Anti-Discrimination Act 1997 and Sex Discrimination Act 1984.
- Some examples include: a joke on someone’s appearance, displaying inappropriate images, or unwanted touching.
- If the offender says “It’s only a joke”, that is not a defence statement and the offender can face potential prosecution.
Anti discrimination
- Discrimination is bias of treating employees differently or less favourably.
- Discrimination is illegal and it can be in the form of: gender, age, ethnicity, sexual preference, religion, political opinion, disability, etc.
- An example is female workers have difficulty getting promotions, unequal pay rates, dismissal of older workers, migrants workers or those from Non-English speaking backgrounds.
Anti-discrimination acts
- Racial Discrimination Act 1975: based on a particular racial background
- Sex Discrimination Act 1984: cannot discriminate based on sex, pregnancy, family responsibilities etc.
- Disability Discrimination Act 1992: people with disability have equal access to employment
- Age Discrimination Act 2004: cannot discriminate base on age
- Affirmative Action Act 1986: promote equal employment opportunities
Unfair dismissal
- Unfair Dismissal is when the termination of Employment is harsh, unjust & unreasonable and is considered illegal.
- Employees who believe they have been unfairly dismissed can apply to the Fair Work Commission for reinstatement or compensation.
Fair dismissal methods
- If an employee is not performing his/her job satisfactorily or behaving inappropriately, the employer can dismiss that person legally.
- There are 3 methods.
- Summary dismissal: this is a serious breach of Employment contract. E.g. fraud, assault.
- Dismissal by notice: fail to perform the job appropriately (need 3 warning letters).
- Redundancy: where the employee is no longer needed to perform. Employees are paid out a redundancy package as agreed in the Employment contract. This might not be a bad thing for employees.