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January 10, 2019: Sacked Bully Victim Awarded €26k; Big Changes to FWA, WHS (AU); South Aussie Teachers Learn Intervention

Man sacked after making bullying claims is awarded €26k for unfair dismissal

By Gordon Deegan, Breaking News (Ireland)

A Service Manager sprayed perfume on a male colleague and told him “let’s see how you explain that when you get home”, the Workplace Relations Commission (WRC) has heard.

The perfume incident was one of a number of alleged bullying incidents documented by the general operative to the WRC where the worker has successfully sued for unfair dismissal.

In the case, the WRC has ordered the man’s former employer, a Winter services firm pay him €26,000 after finding that the man was unfairly dismissed two days after he raised bullying concerns in the workplace.

The general operative told the WRC that the Services Manager would refer to him as “his bitch”.

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Australia: The Fair Work Act and WHS Act: Should they go in the recycling bin with used wrapping paper?

by Tim Longwill, Scarlet Reid, Cameron Dean, Michael Moy, Lydia Daly, Tom Reaburn, Liam Fraser and Nathan Roberts (*Mondaq)

2019 is positioned to be the biggest year in Employment, Industrial and Safety legislation change in a decade. The Federal Election, weak wage growth, the ‘gig’ economy and a spike in workplace deaths are creating a ‘perfect storm’ for legal change. Our team discuss potential challenges, and likely solutions, to these disruptions in Australian workplaces.

What has changed?

The Fair Work Act has been the core industrial law governing Commonwealth Government and private sector employers for over a decade and, despite changes in Government (and six changes in Prime Minister!), the National Employment Standards and remedies available for unfair dismissal and general protections remain largely unchanged. Similarly, the Model Work Health and Safety Acts have seen limited legislative amendment, despite multiple changes in State and Territory governments.

However, the familiarity of employers with these laws stands ready for significant change due to a combination of the following trends:

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Co-creating early years anti-bullying intervention programs and resources

by Jo Earp, Teacher Magazine (AU)

Teachers in South Australia have worked with education researchers to develop tailored anti-bullying intervention programs and resources for early years students.

Dr Lesley-Anne Ey and Associate Professor Barbara Spears, from the University of South Australia, worked with the teachers for a small-scale, proof of concept study commissioned by the World Organisation for Early Childhood Education.

The study aimed to explore junior primary students’ understanding of what bullying means, identify gaps in their knowledge, and use the data to co-create anti-bullying lessons and resources. After delivery of a program designed to suit their school context and needs, students’ understanding was reassessed to see if the tailored intervention made a difference.

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