Organisations should have, as a minimum, workplace policies which deal with the following:
- Bullying, Harassment & Discrimination - anti-bullying and anti-discrimination legislation impose obligations on employers to take reasonable steps to prevent discrimination and harassment. Employers faced with a claim of employee-vs-employee conduct are often asked to prove the existence of policies prohibiting unlawful conduct, or face being held liable for employee actions.
- Work Health & Safety - employers must show the organisation is ensuring, as far as reasonably practicable, the health and safety of employees. A policy is only a starting point, but a must.
- Workplace Surveillance (computer and camera) - in NSW computer surveillance of employees can only be carried out in accordance with a written policy which has been notified to employees. Additional requirements apply for camera surveillance. The absence of a policy may affect the admissibility of any evidence obtained through surveillance. Employers should also consider including provisions about employee use of social media in such a policy.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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