Posts Tagged ‘Employment’

Understanding The Law… Employment Law

Friday, November 12th, 2010

Employment Law Can Tackle the Bully in Your Workplace!

Saturday, September 4th, 2010

A recent Court of Appeal choice regarding the Protection from Harassment Act has made it tougher for employees to bring the likes of bullying directors and senior managers to justice. This, but, does not mean that companies should shy away from taking a hard line against bullies in the workplace, particularly those who hold a measure of authority – those in senior or management spot, for instance. Many Employment Law specialists are now in agreement that the Court of Appeal has in fact made it more hard for staff to stand a chance of winning a bullying claim with their newest ruling. But, despite this, employees still have plenty of options when it comes to bullying claims, so the ruling does not mean that companies can simply sit back and do nothing in the hope that the issue will disappear into thin air. Excellent legal advice to companies would recommend that it is elemental that you investigate and record all complaints and subsequent action thoroughly and interview everyone concerned, otherwise it is the company that could be on the receiving end of a claim, and not the person who is being held responsible. A test case two years ago found that an employee could successfully claim bullying under the Protection from Harassment Act if they could verify incidents had happened on at least two occasions. But the Court of Appeal has since ruled that these incidents had to be ‘oppressive and unacceptable, amounting to criminal conduct’, rather than simply ill-tempered or inappropriate. Even if this can be seen to indicate that the courts are now taking a more robust approach in determining what is harassment in the workplace, there’s no room for complacency if allegations of bullying are made by staff. Complacency could be the difference between quickly disproving any allegations of bullying made by staff and entering into elongated, time-consuming legal battles. A excellent way to do this is to have an anti-bullying policy in place and make sure all staff are aware of it. If allegations of bullying are proved to be right, it could be seen as advisory to take disciplinary action against those involved – whether they are directors or shop-floor staff. If a boss is involved, make sure that your investigation is not viewed as a cover up just to protect a fellow member of the board. You must also ensure that the person who is investigating the case is at a sufficiently senior amount in the company for their events to be taken seriously. It is also worth paying fixed attention to updates and changes in the law, even if it is just by reading the paper and checking a couple of key websites for the most vital information, as the law is a touch which changes on a fixed basis. As anyone who has dealt with them knows, legal issues tend to be extremely complex and it is permanently, therefore, worth seeking legal advice from a sound company if you are in any doubt as to where you stand in relation to the current Protection from Harassment Act or, indeed, any other acts. This article is free to republish provided the authors resource box not more than remains intact.

Employment Law – Workplace Bullying

Tuesday, June 15th, 2010

Workplace bullying has been with us ever since the advent of the Industrial Revolution. Fascinatingly 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 appealing 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-staff, clients or customers and which includes physical or psychological behaviour.” Importantly, employees have a duty under Occupational, Shape and Safety laws to find out about bullying and take steps to prevent it. Under the NSW Occupational Shape and Safety Act 2000 an employer has an obligation to ensure the shape, safety and welfare of all employees and this extends to bullying. Employers also have a duty to take reasonable care for the safety of their employees at work. Essentially bullying is repeated inappropriate behaviour directed against a person by one or a number of other employees in the course of employment which could reasonably be regarded as undermining an individual’s right to dignity at work.
Bullying Behaviour
Bullying behaviour is not only restricted to employees but it may involve anyone with whom employees of the business come into contact in the ordinary course of their employment whilst at work. Bullying may be committed or passive, direct or indirect, physical or psychological but it does include:
- Unacceptable language and rudeness;
- Coercive behaviour directed against a name including their property;
- Unreasonable teasing;
- All forms of intimidating behaviour including physical assault or threats;
- Marginalising or ignoring a name;
- Any form of demeaning behaviour whether business or personal which serves to denigrate the individual being attacked;
- Abuses of authority.
What is not Bullying
Employers have the right to supervise, direct and control work and they have the responsibility to monitor workflow and gauge performance. They are entitled to set reasonable goals and standards including KPIs and deadlines which have to balanced against the responsibility to look after the shape, safety and welfare of their workforce.
The Consequences of Bullying
Different employees react differently. Bullying essentially may result in unwarranted stress, ill shape, incapacity to make choice, incapacity to work, depression, physical injury and more. Wherever bullying occurs there is the potential for legal action. There is a body of law which is developing which suggests that an employee can sue his employer for a breach of an implied duty of trust and confidence. Bullying and harassment seems to fit squarely written this. Employers need to exercise care!
General Legal Requirements
Legislation, Australian Workplace Agreements, Certified Agreements, Industrial Awards and the Common Law cover the field. Primarily Industrial, Occupational Shape and Safety and Anti- Discrimination Legislation applies to this area. In the latter bullying may sometimes involve harassment or discrimination where a person unreasonably picks on a personal characteristic such as race, sex, pregnancy, marital status, religious beliefs, disability or age which causes a further to feel embarrassed, humiliated, offended or intimidated.
Action
Bullying should never be tolerated under any circumstances. Employers can develop clear workplace guidelines, practices and policies to safeguard everyone. Reducing the risk of exposure to workplace bullying would help employers to satisfy their general duty of care to protect themselves and their employees.
Irrespective whether employer or employee where workplace bullying arises there is a legal exposure and the advice of an experienced employment lawyer needs to be open.

A Perfect Storm for a Surge in Renewable Energy Employment?

Saturday, June 12th, 2010

While the financial crisis may have sidelined renewable energy as a viable choice for the average homeowner or small business owner, the same forces that produced this downturn may setup a perfect storm for renewables to come surging back and bring employment opportunities with them.

A lack of available financing, restricted household budgets, and plunging business profits place a damper on the exchange to renewable energy since this recession started in late 2007. Once oil and natural gas came loud down from their summer 2008 highs, renewables such as solar and micro-wind have suffered from a poor dollar cost comparison with brown energy.Despite a clear public desire to thrash off carbon-based energy, many found renewables hard to justify in terms of a personal utility choice. System sales stalled and a question mark hung over the industry’s future. Analyst recommendations for solar and wind companies followed their stock prices: down. And many who had seen a future career go into renewables found themselves dealing instead with the realities of a severe fiscal downturn. While the desire for renewables continued, the means of fulfilling it was weakened.

Today a confluence of factors may be shifting once again in favor of renewables, bringing back a surge of new system sales, investment and importantly, employment. The price of brown energy is cycling up again with crude oil back to $50/barrel, home heating oil at $2/gal and natural gas seems to have formed a bottom at $4/MBtu’s. On the investment front, significant commentary by economists and stock analysts about the lack of investment in new oil and gas production capacity is pointing at supply shortages on the 5 years horizon. In the near term, Plates’s internal stimulus packages are usually recognized to be effectual in restoring fiscal growth at the same time that the American economy is seeing glimmers of positive news. Blocks and blocks of foreclosed, abandoned and scavenger-gutted housing stock in cities across America present a chance for restoring them with renewable energy technologies. And perhaps most telling, the new administration has made renewable energy a centerpiece of its agenda and confirmed it off limits in budget negotiations with congress. This welcome stabilizing of the recession points to increased energy consumption as the world economy re-inflates, with increased prices and employment following on its heels.

So how to ride this new wave of opportunities in renewable energy? The same as you ride any wave: with a surfboard and some skill, remembering to add in a touch of bravery.  In the case of varying careers into renewable energy, the “surfboard” is basic knowledge about the science and technology of solar, wind and geothermal, how such systems work, the skills used in assessing a residential or commercial site, the financing and  ROI calculations, and system design and installation details. This set of knowledge and skills is the foundation for understanding and working with renewable energy.  Complementing this knowledge,  an understanding of the industry and how it is structured and the wider trends at work in and on it enables one to make informed choices.  Rather than riding the same wave as everyone else, a broader education brings a broader view and the ability to plot well for the future. As with any career go – one made by choice or by having the choice forced upon us – a touch of bravery overcomes the inertia that so evenly prevents us taking the first step.

To get the career equivalent of the surfboard, seek out education and training options that will get renewable energy knowledge and skills in your hands sooner rather than later. But, try not to set yourself up to be overwhelmed with the transition by plotting multiple classes spread out to give yourself time to absorb and use what you learn. The brown energy infrastructure has taken 150 years to be build up: it won’t exchange overnight and most people alive today have never dealt with “energy” beyond the electrical outlet in the wall. An increasing number of community colleges, solar and wind equipment manufacturers and training companies are offering classes and workshops in renewable energy. Ranging from hands on training geared for technicians to install solar panels and erect wind turbines to courses in renewable energy sales and marketing, these classes will add renewable energy knowledge and skill to your resume and proffer it beyond your previous career. 

With a new, upward trend in energy expenditure and strong motivation to re-tool America’s buildings off brown energy, $15 billion per year promised by the new administration and signs of fiscal stability on the horizon, now is the time to pursue the many training providers across the country for knowledge and skills in renewable energy.Few other recessions in the post World War II era have been as severe as this one. Nor have they had such a perfect storm of conditions built-in to bring about an explosion of new fiscal growth to end them. Catch the wave. The time to teach for the coming exchange from the brown energy of the past to the renewable energy of a recovered economy is now.