The Workplace Environment is categorised into the following sections:

i. Workplace Bully or Violence
ii. Employee Surveillance
iii. Demotion
iv. Equal Opportunity
v. Sexual Harassment

Work place bullying is where an employee has been repeatedly picked on, harassed and teased by other employee or employees. This behavior is not allowed in the workplace and the employer has a duty to take steps to prevent or stop such behavior.

Often it is hard for an employer to become aware of bullying but once an employer is made aware of such incident then an employer has a clear duty to act.

A failure on the part of the employer to act may result in an action being brought against the employer for breach of duty. It could also result in the victimised employee resigning and claiming compensation based on constructive dismissal.

An employer may harbour suspicions that an employee is stealing or using drugs in the workplace. Unless the employment contract or the Award allows the employer to search an employee's belongings, then the employer at law is not permitted to conduct such search without the consent of the employee.
An employer may not install videos surveillance cameras in the workplace for the purpose of detecting or monitoring employee behaviour, for instance, theft or performance. In certain situations proper authorisation may be obtained from the appropriate authorities.

It is permissible to install a video surveillance of a workplace specifically for the reason of ensuring the safety or security of the premises or employees or visitors in the workplace. There must be a real and substantial threat of harm. Additionally, prior to such installation the employer must give written notification of the proposed installation to the employees.

It is recommended prior to an employer installing videos surveillance advice be sought from a licensed security operator.

The law relating to searching of employees letters and electronic mail or records is far from clear. It is therefore suggested the employer should formulate a workplace policy in relation to such matters and seek the employees agreement to the same.

An employer should not demote an employee without complying with the notice requirements in the contract or Award. A demotion could constitute an unfair dismissal. Before an employer undertake such a step regard must be had to the employment contract or the Award to see what steps are to be taken.

The Discrimination and equal opportunity law in the employment law arena broadly deals with the following categories:

a. Personal Attributes- it is illegal to discriminate on sex, age, religious and racial grounds

b.Sexual harassment- this is generally understood as unwelcome or unsolicited conducts, remarks or innuendo of a sexual nature

c. Equal Pay for Equal Work- this is a concept where equal pay and other conditions to men and women doing work of equal or comparable worth. This also applies to factors relating to race and age.

i.  sexual assault, requests for sexual favors;
ii. physical contact such as kissing, patting, tickling or touching in a sexual
  way;
iii. offers of rewards for sex;
iv. lewd comments; crude or dirty jokes;
v. innuendo of a sexual manner;

A sample anti-sexual harassment policy is available with this service.  To download it, simply click on the link to the left. Internet Explorer 4.0 and above users, right mouse button click on the link and select 'Save Target As' to download the document.