56% rise in compensation claims for assault, workplace violence
Serious compensation claims for assault and violence in the workplace spiked by 56% over the last five years, indicating an upward trend of workplace violence and aggression. This is according to the latest analysis from Safe Work Australia, which looked at the data from the ABS Personal Safety Survey, People at Work Survey, and the National Dataset for Compensation-based Statistics.
It revealed a total of 12,721 accepted claims for exposure to workplace or occupational violence over the last decade, with a significant surge observed for claims from women compared to men. According to the report, there was a 73% increase in claims made by women compared to the 33% increase in claims made by men in the last 10 years.
The report also revealed that clients and customers were the most common source of work-related violence, and it stated “Employers and PCBUs should be talking to workers about these hazards and implementing effective and reliable control measures to prevent and respond to violence and aggression by others at the workplace.”
According to the report, the most common behaviours of violence in the workplace include angry or hostile behaviour, shouting and swearing, as well as intimidation and insults. Among the most common injuries incurred by employees exposed to workplace or occupational violence were mental health conditions, traumatic injuries to joints or muscles, as well as wounds, lacerations, amputations, and internal organ damage.
Former Seven journalist argues conduct did not amount to sexual harassment
Veteran journalist Robert Ovadia will argue his conduct prior to his sacking by the Seven Network did not amount to sexual harassment and serious misconduct. He has launched a civil case against his former employer alleging the termination of his employment in late June was unlawful, claiming there were contraventions of the Fair Work Act and breaches of contract. He denies allegations of any inappropriate behaviour, and on Thursday rejected as “baseless” a suggestion made in court that 13 additional women have come forward with complaints about his conduct since he left the network.
The alleged conduct is in relation to pictures Mr Ovadia sent to other people, including one of a penis. Justice Elizabeth Raper ordered the parties to attend mediation in October.
Cardiologist suspended over bullying allegations allowed to return to public hospital work
A senior Canberra cardiologist suspended from working at the Canberra Hospital during an investigation over alleged bullying, will be able to return to work in the public system, after reaching an out of court settlement with Canberra Health Services.
Muayad Alasady took his case to the Federal Court in 2022, saying he had been denied procedural fairness when he was suspended while the formal investigation was in progress. He had hoped the court would revoke his suspension.
His application detailed findings from several inquiries that drew on allegations from staff in the hospital’s cardiology department. Those included claims from fellow staff about inappropriate behaviour, suggestions of bullying and outbursts including swearing, kicking doors and throwing objects, and consultants shouting and screaming at each other.
Claims of a culture of blame and a lack of respect for co-workers by some doctors were also identified, along with a clash between Dr Alasady and another doctor. Dr Alasady has always denied the allegations against him. He initially took aim at the independent lawyer conducting the investigation, suggesting an apprehension of bias that meant his sacking was pre-determined. But the court found there was no foundation in that complaint, and his sacking was by no means inevitable.
The case has languished in the Federal Court for more than a year, until this week when a settlement was reached.
New workplace sexual harassment regulations in September
Queensland employers are now required to proactively manage the risk of sexual harassment and sex or gender-based harassment at work. The new regulations will require employers to implement a written prevention plan to protect workers from early 2025. The plan must state any identified risks, the control measures being implemented, and the consultation undertaken to develop the plan.
The plans need to be easily understood and accessible to workers and contain:
- information on how people can make a complaint
- how the complaint will be investigated
- the processes that will be undertaken
- how relevant parties will be informed of results.
The Office of Industrial Relations is developing extensive guidance materials to support employers to meet these new obligations.
Ex-Ten reporter settles with the network
Ex-Ten reporter Tegan George has settled with the network after she sued over trauma she said she suffered covering the horrific 2019-20 bushfires. Ms George filed the lawsuit in the ACT Supreme Court, claiming negligence and a breach of duty of care. She says she felt under threat while covering the fires in southern NSW, including Bermagui where she says she was sent even after it had been evacuated. Ms George said she was left unable to work due to trauma and had claimed damages.
Ms George and Ten this week reached an out-of-court settlement. Ten had denied any claim of negligence and he terms of the settlement were not disclosed.
Meanwhile, Ms George is still locked in a separate lawsuit with Ten in the Federal Court. She has sued under the Fair Work Act and has claimed the “bullying” culture at the network’s Canberra bureau had reduced Ms George’s “standing and reputation” as a journalist. Ten is defending the lawsuit, in a statement of defence disputing her claims, which the network previously described as “vague and embarrassing” and “liable to be struck out”. That matter will be the subject of a seven-day hearing from February 3 to 11 next year.
