Workplace Bullying

News & Analysis as of

Corporate Divorce Series: An Employment Relationship Fail

Few of us can honestly say that our job never disappoints us and the same can probably be said of personal relationships. But how do you know when you are in a failed employment relationship and what do you do about it?...more

Multi-Prong Strategy Essential to Preventing Workplace Harassment

Panel of Experts Identify Practices That Can Curb Harassment at Public Meeting of EEOC Select Task Force - LOS ANGELES - Placing pressure on companies by buyers, empowering bystanders to be part of the solution, multiple...more

Death threats and unfriending – what is bullying?

Bullying behaviour comes in all shapes and sizes. Identifying and deciding how to respond to diverse bullying behaviour by a worker (or workers) can create challenges for employers. Recent headlines have cautioned that...more

When a Manager Makes Even One Stupid Comment after an FMLA Request, the Employer Pays the Price

How would you like to work alongside Jim, who engages in the following behavior: He makes a habit of telling co-workers what they are doing wrong, using a degrading tone of voice, and instigates arguments when doing...more

Status Updates: Court nixes VPPA claim; lawyer suspended over blog posts; Facebook ‘unfriending’ cited in bullying decision

Tale of the tape. The Video Privacy Protection Act (VPPA), which requires video service providers to destroy personally identifiable information after a specified time, doesn’t provide a private right of action for plaintiffs...more

Harassment and “Terms & Conditions” Claims Up Big; A Look at CHRO Statistics Part 2

In yesterday’s post, I talked about how employment claims being filed are up big at the CHRO. Indeed, in looking at the statistics further, I realized that it is the second highest number of claims being filed in the...more

The latest challenges in health and safety in the mining industry

We recently attended the Health, Safety, Environment and Community Conference convened by the NSW Minerals Council. The Conference drew together participants from across the mining industry in NSW to look at what miners are...more

Don't Make Too Much Of 9th Circ.'s Mayo V. PCC Ruling

The extent of an employer’s duty to provide reasonable accommodations to employees with mental impairments can be difficult to discern, especially where an adverse action is taken in connection with conduct that is caused by...more

“Discussing inappropriate personal matters at work”, aggressive conduct, gets employee fired for cause

An employee on a “last-chance” agreement was fired for cause for his “aggressive, condescending and rude” behaviour including discussing sensitive personal matters at work. The employee had worked at the company for 28...more

California’s New Workplace Anti-Bullying Law in Effect – May Spread to Litigation and to Other States

California’s new anti-bullying law, which became effective in that state at the beginning of 2015, may be a precursor to other states enacting similar statutes. The law requires that all California employers with 50 or more...more

First Formal Bullying Finding Highlights Scope of Potential Orders

The Fair Work Commission has handed down the first formal bullying decision since its anti-bullying jurisdiction commenced in January 2014. Factual background: The recent decision of C.F. [2015] FWC 5272 (5...more

Reminder: California Employers Must Provide Updated Management Training on Workplace Bullying

With most of 2015 already passed, California employers should ensure compliance with new sexual harassment prevention training requirements, which now include "abusive conduct" as a mandated topic of discussion....more

Workplace Bullying: What’s the Employer’s Responsibility?

Over the past two decades, parents, schools, school boards and legislators have worked hard to address bullying in the classroom and on the playground. In the workplace, which also sees its share of bullying behavior, there...more

Labour arbitrator agrees to hear harassment-retaliation grievance under OHSA

Although a temporary employee had no termination protection under the collective agreement, he did have the right to advance a reprisal / retaliation claim under the Occupational Health and Safety Act, a labour arbitrator has...more

Should You Have an Anti-Bullying Policy in Your Workplace?

We have seen it before: boss shouts (or glares, or laughs) at subordinate, and subordinate’s feelings are hurt. But it’s not only feelings that are hurt, and angry bosses aren’t the only ones offending. Workplace bullying can...more

Five Harassment “Must Haves” For Employers

Maybe it’s just me, but workplace harassment issues seem to come in waves — I’ll go months, or even a year, without an issue, and then WHAM! everybody has a “situation,” or at least they need to get their preventive training...more

Workplace bullying can lead to long-term employee illnesses

Bullying is not just a problem in schools. It is also a threat to employees in many American workplaces. According to a recent study by the U.S. Workplace Bullying Institute, bullies on the job can cause serious health...more

“Classic bullying” in company washroom, “which is the traditional hang out of bullies”, lands employee three-day suspension

A 6’2', 300-lb employee’s hostile, intimidating comment to a smaller co-worker in the company washroom was just cause for a three-day suspension, an arbitrator has decided. The evidence was that the suspended employee said,...more

California’s Anti-Bullying Statute – What is the Effect of Non-Compliance?

By now, California employers should be aware of the “antibullying” law, which became effective on the first of this year. The statute is a compromise between employee rights groups seeking expansion of existing “harassment”...more

Court finds employer not vicariously liable for actions of employees against other employees

In Palmer & Ors v State of Queensland [2015] QDC 63, a determination by Judge McGill of the Brisbane District Court delivered on 27 March 2015 determined that the employer, Disability Services Queensland, took all reasonable...more

Workplace Harassment is Evolving: Is Your Prevention Program Keeping Pace?

Creating a workplace culture where employees feel safe and respected means designing and implementing a workplace harassment prevention program that adapts to emerging issues. In this presentation: I. The Persistent...more

Workplace Harassment Prevention: Are You Doing Enough?

Do you have a comprehensive workplace harassment prevention program in place? During our recent webinar, “Workplace Harassment is Evolving: Is Your Prevention Program Keeping Pace?,” we asked attendees whether they had a...more

California Makes Anti-Bullying Training A Component Of Mandatory Harassment Training

California employers with more than 50 employees must include “abusive conduct” prevention training in their mandatory harassment prevention training. Assembly Bill No. 2053 expanded the scope of training required by...more

California Expands Supervisor Training Requirements to Include Workplace Bullying

On January 1, 2015, a California law took effect placing additional obligations on employers in preventing workplace bullying....more

New Workplace Harassment Training Challenges (And How to Tackle Them)

Workplace harassment is a decades-old problem that, frustratingly, takes on new forms and new life each year. Harassment and discrimination (including gender, age, disability, religion and racial workplace discrimination)...more

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