Trade union conduct is constantly changing, and our team have observed trends that are reshaping the boundaries, and that have already begun to impact our clients.

Policy Measures: increased scrutiny on trade union conduct

On the policy front, the conservative government has implemented three measures addressing unlawful behaviour by unions and their members based on the findings of former High Court Justice John Dyson Heydon AC QC in the Royal Commission into Trade Union Governance and Corruption in 2015.

Two key measures passed in late 2016.

Continue Reading United we stand. But lawfully.

EyeWhen it comes to managing bullying in the workplace, the focus tends to be on dealing with the bullying behaviour after it has occurred or at least after the bully has started work. But are there ways to stop bullies from being recruited in the first place?

One place to start is screening during recruitment. There are certain personalities who deliberately inflict harm or lack the ability to understand the harm they are doing to others. These personalities fall within a category that psychologists call the ‘Dark Triad’ which comprises three sub-personalities: Machiavellianism, sub-clinical narcissism and sub-clinical psychopathy.
Continue Reading Screening for psychopaths – managing the front end of workplace bullying

As the year goes on, a relatively small number of cases involving the Fair Work Commission’s (FWC) new power to make orders that bullying stop continue to trickle out. In the last month, two decisions have put the brakes on attempts by employees to use these powers outside of their intended area of operation.
Continue Reading No bullying orders if employment ended

“Don’t stand, don’t stand so

Don’t stand so close to me

Don’t stand, don’t stand so

Don’t stand so close to me”

The chorus of the 1980 hit Police song might be the most succinct way of summarising the first set of substantive orders made by the Fair Work Commission (FWC) under the bullying jurisdiction in operation since 1 January 2014. 
Continue Reading Don’t stand so close to me – Fair Work Commission makes detailed anti-bullying orders

The new workplace anti-bullying laws came into effect on 1 January 2014 and we recently posted our 7 top tips to successfully manage bullying complaints.

Amidst the many reports about how employers need to be prepared for the new laws, the message could equally apply to union behaviour in workplaces – and not just their own.
Continue Reading New anti-bullying laws: How will unions respond?