Tag Archives: buckettlaw

Planning a Family? Your guide to parental leave.

There are approximately 173 babies born each day in New Zealand. That’s over 63,000 NZ mums, and 63,000 NZ dads welcoming a wee tot into their family each year. With new promises being made around paid parental leave, we thought it important to remind parents-to-be of their entitlements under the current and future laws, and to inform employers of their obligations.

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BuckettLaw Bowls

Team-building encourages a more productive work environment. Work hard, play hard.

Team Buckett

Team Buckett

Bowlers Up...

Bowlers Up…

 

All smiles

All smiles

 

Winning

Winning

 

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Workplace bullying…how to deal

Lessons from Ron Burgundy – dealing with workplace bullies

Freddie Shapp: “You’re on the 2 AM to 5 AM slot.”

Ron Burgundy: “What? That’s the graveyard shift!”

Brick Tamland: “I ain’t afraid of no ghost!”anchorman2

It may take more than a ghost to scare Brick, he’s one tough guy, but he doesn’t cope so well when it comes to bullies. Workplace bullying is responsible for costing kiwi employers tens of millions of dollars every year. According to a joint university study in 2012 one in five kiwi workers suffer from workplace bullying. It’s no surprise bullying costs employers so much when you look at the effects on those targeted, some of which include:

  • high levels of stress;
  • reduced job satisfaction and commitment to the organisation;
  • withdrawal, leading to decreased productivity;
  • decreased concentration,
  • absenteeism and higher staff turnover.

Bullying affects everyone: the victim, their family, their friends, other employees and a business’s reputation. A bully can transform a pleasant workplace into a dreaded climate of fear, frustration and disconnect. Victims may reach out to co-workers to gain sympathy and support, causing a ripple effect throughout the workplace that may have the effect of normalising and enforcing the behaviour. 

Auzzie’s position on workplace bullying

In 2006 the tragic suicide of 19 year old Brodie Panlock in Melbourne spurred placing the issue of workplace bullying firmly on the forefront of Victoria’s legislative agenda.

bullyingBrodie was a waitress who sustained constant bullying from 3 male coworkers, (one of which she was formerly romantically involved with). The boss was aware of the bullying and did nothing to prevent it other than saying to the men, ‘take it out the back’. Among her list of torments she had fish oil poured all over her and in her bag, was spat on and called fat and ugly.

With no specific legislation dealing addressing workplace bullying at the time, the 3 workers pleaded guilty to failing to take reasonable care for the health and safety of persons and the boss was found guilty of failing to provide and maintain a safe working environment.  All were fined personally and the boss’s company was fined an extra $220,000 – being $355,000 in total.

The state of Victoria recognized the seriousness of the issue and responded in 2011 by introducing legislation that made workplace bullying a crime punishable up to ten years in jail.

How to deal?

It is important to identify your style of dealing with conflict. In his recent book “Employed But Under Fire” Michael Smyth poses the crucial question, do you fight or flight? His book explains how to use your initial reactions in a positive way to deal with bullying. For some, their immediate response to conflict is to ignore it and walk away, while others stand up and fight. No matter your personality, if you are being bullied you are not alone, and there are options out there. Smyth’s book covers various ways to tackle bullying at work.bully1

Often people are nervous about seeking help, or they may feel their situation doesn’t warrant legal action. Specialists in employment law (such as BuckettLaw) deal with workplace bullies on a daily basis. Seeking legal advice will help you weigh up your options and assess the likelihood of a successful personal grievance claim.

Employers must keep in mind that workplace conditions may trigger or enable bullying. This can include workers knowing that senior staff ignore accusations of workplace bullying, and an overly excessive competitive or stressful work environment may also trigger workplace bullying. The employer DOES become culpable for the bullying once he becomes aware of the problem and will be liable for compensation if the allegations are proven correct. The most important thing for employees and employers to know is that once awareness is raised of a bullying situation, employers have an obligation to investigate the matter and do all they can to stop it. Employees should keep a diary of the incidents of bullying.

Ensuring the happiness and safety of staff ensures a more efficient and productive workplace … so all business should do all they can to combat bullying! We need strong bosses to combat this problem – creating an at work environment where it is very clear that bullying WILL NOT be tolerated.

The Law

Employers may be liable under the Health and Safety in Employment Act 1992 for failure to address bullying allegations where stress is identified as a workplace hazard. If complaints are ignored, the employer is failing to take practicable steps to ensure a safe workplace environment.

It is important for employees to know that discrimination in the work place on the grounds of race, religion, sexual orientation etc. is prohibited under the Employment Relations Act 2000 and the Human Rights Act 1993.sos bully

There are plenty of cases out there where judges rule in favour of the victims of workplace bullying. In Corbett v UDP Shopfitters LTD the Employment Relations Authority found the applicant was subjected to prolonged abuse by co-workers, which fell outside acceptable banter. This was based on the definition that bullying and harassment is “something that has happened that is unwelcome, unwarranted and causes a detrimental effect”. Corbett claimed his supervisor would swear at him and abuse him, and another supervisor also abused him making derogatory remarks about his Irish Nationality. The employer failed to take action after being told of the abuse, telling Corbett to “suck it up”.  The employer was ordered to pay Corbett $3,161 reimbursement of lost wages and $10,000 compensation.

In August 2012 the Business, Innovation and Employment Ministry’s labour group began consulting with a variety of agencies to create a best-practice guideline. This is the closest the government has come to directly addressing workplace bullying, without so far as to formally introducing a code of practice or amending legislation. We are desperately awaiting arrival of this guideline.

There will always be bullies – there will always be those who are jealous or feel threatened by the capabilities of someone in a lower position than themselves. There were bullies at kindergarten and there will be bullies at work. But awareness is increasing and people are not standing by and letting them get away with it. Make some noise, and help us at BuckettLaw help you.

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Lawyers.. More Trustworthy than Sex Workers, Taxi Drivers and Door-to-Door Sales People

The results are out…and shock horror, legal eagles aren’t top of the trusted tables in New Zealand. That said, we must be doing something right as we have soared our way from a dodgy 36th to a (slightly) more respectable 28th in the 2012 New Zealand’s Most Trusted Professions list .

TESSA KATE HOGG 18/07/2012

For the past eight years fire-fighters (surely in no way assisted by the New Zealand female’s fire-fighter fantasy..) have dominated the poll. We Kiwis clearly appreciate those who save, or risk, life and limb with the top six professions being fire-fighters, paramedics, rescue volunteers, nurses, pilots and doctors . Sadly, lawyers don’t fare so well. While we have pipped sex workers, CEOs and journos at the post, we slide into a pretty shady position of 28th of 40. Better than 36, yes.. but still not great.

There is some stiff competition.. Richie McCaw won us the Rugby World Cup earning him the number one spot in the Most Trusted People category. Alison Holst has baked her way into our hearts at number 2 and Mad Butcher Peter Leitch at 3 shows our love for a good ol’ straight-talking sausage tycoon. Also notable is Corporal Willie Apiata who comes
in 5th. Although today it was announced the ‘reluctant hero’ is leaving the SAS, we trust him because 1. We hate tall poppies, so we like his reluctance and 2. In a war Willie would have our back. It’s always nice to have a living VC holder on your team. The only legal eagle to make it into the top 100 this year was Chief Justice Sian Elias at number 24.

Dusting off some of the artwork here at Buckett Law we realised New Zealander’s lack of lawyer love doesn’t really come as a surprise..

Reader’s Digest Trust Poll 2012 Professions

1. Firefighters
2. Paramedics
3. Rescue volunteers
4. Nurses
5. Pilots
6. Doctors
7. Pharmacists
8. Veterinarians
9. Armed forces
10. Police
11. Teachers
12. Scientists
13. Childcare workers
14.Farmers
15. Dentists
16. Bus/train/tram drivers
17. Chefs
18. Hairdressers
19. Builders
20. Plumbers
21. Mechanics
22. Truck drivers
23. Waiters
24. Shop assistants
25. Accountants
26. Bankers
27. Charity collectors
28. Lawyers
29. Religious ministers
30. Taxi drivers
31. Financial planners
32. Call centre operators
33. Chief executive officers
34. Journalists
35. Real estate agents
36. Insurance salespeople
37. Sex workers
38. Car salespeople
39. Door-to-door salespeople
40. Telemarketers
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