Personal Harassment In The Workplace
The default employer response to personal harassment in the workplace is to put both people in a room with a mediator. It is quick, it feels even-handed, and it is often the wrong call.
Mediation assumes two parties with something to resolve between them. Where one person has been targeted, it treats them as half the problem and asks them to negotiate about their own treatment.
It also delivers a poor outcome. The affected person, sitting opposite someone who has been wearing them down for months, tends to agree to whatever ends the meeting.
Mediation suits a genuine two-way conflict and works well there. Where the conduct runs in one direction only, investigate it instead, and deal with the behaviour rather than trying to repair the relationship.
Safe Work Australia covers the psychosocial duty. This is general information rather than legal advice, and obligations vary by state and territory.
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Personal Harassment At Work: What It Is And Where The Law Reaches
Quick Answer: Personal harassment is unwanted conduct aimed at someone as an individual rather than because of a protected attribute like race, sex, disability or age. That distinction is not academic. Because no attribute is involved, the anti-discrimination route is closed, so a worker is left with the Fair Work Act bullying provisions, which require […]
