Great Deal! Get Instant $10 FREE in Account on First Order + 10% Cashback on Every Order Order Now

BMO5567 Workplace Dispute Resolution Assessment Task 2 - Research Task Assessment Weighting 50 marks You should only attempt one of the options that follow. Each paper should be a single author...

1 answer below »

BMO5567 Workplace Dispute Resolution

Assessment Task 2 - Research Task

Assessment Weighting 50 marks

You should only attempt one of the options that follow.

Each paper should be a single author effort.

The paper produced should be of approximately 3000 words, including references relevant legislation and cases.

The due date for submission of the paper to XXXXXXXXXX is 11.59 Sunday 16 September 2018

Option 1: Freedom of speech, social media and workplace obligations

You will recall the article https://www.canberratimes.com.au/national/cricket-australia-sacks-worker-over-series-of-tweets-about-abortion XXXXXXXXXXp4zuar.html which appeared in the Canberra Times of Monday 30 July 2018 and was discussed in class the following day.

It raises the rights of employees to use social media to express their views, about issues which might affect their employer.

You are requested to conduct a literature survey to discuss the issue of free speech vs workplace obligations. You should focus upon Australian cases, the Fair Work Act and Enterprise Bargaining Awards. You may use international cases, legislation and awards for comparisons – but realising that such cases may not be relevant to Australia.

As an example (and this is a hypothetical) you might wish to look at the Victoria University EBA, http://w2.vu.edu.au/HR/Employment/LIB/PDF/LIB10.PDF . What are my rights/obligations in criticising the Western Bulldogs AFL team, given they are a partner of Victoria University?

Universities, and their use of EBAs, are a fruitful source of cases regarding an attempt to regulate speech regarding employers. See for example https://theconversation.com/university-changes-to-academic-contracts-are-threatening-freedom-of-speech-66207 and https://theconversation.com/academic-freedom-and-the-suspension-of-roz-ward-60375

Option 2: Workplace Bullying

The following text come from Russell Kennedy[1], a Melbourne Legal firm specialising in workplace issues. See http://www.rk.com.au/insights/brodies-law-workplace-bullying/

On 31 May, 2011 the Victorian Parliament passed theCrimes Amendment (Bullying) Act 2011, referred to in the media as “Brodie’s Law”, amending the Crimes Act 1958. The purpose of the law was to alter the crime of stalking to include behaviour that is generally characterised as bullying.

Brodie’s Case

The law was developed in response to the case of Brodie Panlock, a 19-year-old woman who committed suicide after being severely bullied at work. Ms Panlock worked as a waitress at Café Vamp in Hawthorn from early 2005 until her death in September 2006. In that time, Brodie was subjected to recurring verbal and physical acts of bullying.

Her employer and several of its staff were fined under the existing occupational health and safety (“OHS”) laws. Brodie’s employer pleaded guilty and was fined $220,000. The company’s owner and three co-workers also pleaded guilty and were fined between $10,000 and $45,000 each. Brodie’s parents have since campaigned strongly to have Victorian law altered so that bullying behaviour can be punished by terms of imprisonment.

The new law

In the past, the definition of stalking included acts such as communicating with a victim via post or electronic devices, writing about a victim on the internet, following the victim, or keeping them under surveillance. The following has now been added to the definition of stalking:

· Making threats to the victim; Using abusive or offensive words to or in the presence of the victim; Performing abusive or offensive acts in the presence of the victim; Directing abusive or offensive acts towards the victim; and Acting in any other way that could reasonably be expected

o To cause physical or mental harm to the victim, including self-harm; or

o To arouse apprehension or fear in the victim for his or her own safety or that of any other person.

The definition of “Mental harm” includes psychological harm and suicidal thoughts.

These are very broad categories that cover a wide range of actions that could easily cover behaviour which occurs in the workplace.

Effect on Victorian employers

The new law applies throughout Victoria including, but not limited to, workplaces. If an employee or Director aids and/or is complicit in the bullying they could be held responsible for the conduct of other employees under the new stalking law. Prosecution of a worker under theCrimes Actwill not prevent employers from being prosecuted and fined under the OHS laws.

Employers are advised to implement policies and training and to monitor behaviour to prevent bullying in the workplace. Under the new laws employers must be proactive and educate workers of the consequences they face for bullying their co-workers. Employees who engage in bullying and Managers or other employees who are aware of the bullying and aid or are complicit could face terms of imprisonment of up to 10 years under the new changes.

So the issue of bullying is not primarily covered by Workplace legislation. Whilst bullying is a criminal act, it often occurs in the workplace.

I would like you to discuss how your workplace (if relevant) handles issues of bullying. How have other similar industries addressed the issue. What can we learn from the international experiences? Is cyberbullying an issue in workplaces?

Once again, you should focus upon Australian cases. You may use international cases, legislation and awards for comparisons – but realising that such cases may not be relevant to Australia



[1] As an aside I serve on the Governance Committee of Jewish Care Victoria. Russell Kennedy provides paid legal advice to the committee

Answered Same Day Aug 15, 2020 BMO5567

Solution

Soumi answered on Sep 02 2020
143 Votes
BMO5567 WORKPLACE DISPUTE RESOLUTION
ASSESSMENT TASK 2 - RESEARCH TASK
OPTION 1: FREEDOM OF SPEECH, SOCIAL MEDIA AND WORKPLACE OBLIGATIONS
Table of Contents
Introduction    3
Concepts related to Freedom of Speech, Social Media and Workplace Obligation    3
Freedom of Speech    3
Social Media    3
Freedom of Speech on Social Media    4
Effects of Freedom of Speech on Employees    4
Workplace Obligations    4
Effects of Freedom of Speech on Rights of Employers    4
Cyber Bullying    5
Impact of Cyber Bullying on Employment Security    5
Impact of Freedom of Speech in Social Media on Employment Security    5
Conflict among Organisational Policies, National Dignity and Individual Dignity    6
Comparing the Situation with the Relevant Legislations    6
Comparing with Fair Work Act in Australia    6
Comparing with Employer-Employee Conflict of Interest    7
Comparing with Enterprise Bargaining Awards in Australia    9
Conclusion    9
References    11
Introduction
The aspect of Freedom of speech has been included in the fundamental ideas of all political nations, either directly or in implied forms. Although Freedom of speech seems as an absolute form of individual rights preservation, it is indeed a very complex and contradictory aspect, which has been presented in very na
ow sense of the term. It is found that due to the preference to individual perspective validation, freedom of speech often causes harm to the reputation and interest of people in a large number due to their exclusion from the personal perspective. Through the understanding of the proper way of expressing personal opinion or grievances, and the effects of the speech on the larger public, freedom of speech can be used in a better way, that would preserve not only the rights of the person expressing a thought, but also will safeguard the interest of the persons who are indirectly connected with the expressed thought. In the cu
ent assignment, the case study of Angela Williamson has been discussed in elaborately through critical and multi-dimensional lenses. The cu
ent case study represents the conflict between personal and implied effects of freedom of speech, seen from an organisational context.
Concepts related to Freedom of Speech, Social Media and Workplace Obligation
Freedom of Speech
In general terms, freedom of speech is considered as a form of expressing personal experiences, opinions, perspectives, beliefs and many more fundamental ideas in a personal way in front of others. As described by Miller et al. (2018), freedom of speech is the liberty of expressing a personal view point about one of many popular issues in front of a large audience to promote the idea, find agreement and motivate general populace, without being regulated, sanctioned or evaluated by any regulatory body. Contrasting with the belief that freedom of speech promotes individuality and ethical justice, Rvachew and Folden (2018) argued that freedom of speech is an ethical tool used by people for unethical purpose, as a person can express his or her viewpoints that i
espective of their authenticity can create problem for others.
Social Media
Social media are the platforms, which use digital channels to communicate with a large groups of people or a communities to discusses, interact, share, help and argue with one another to reach a collective goal that reflects individuality as well as majority in a combined format. As mentioned by Smith et al. (2018), social media has its distinctions in terms of the areas of concern or subject of consideration. As social medium has a huge reach, it generates much traction for interest for social or personal issues shared on the platforms. The co-factors— development of Information Technology as well as ease of access to internet has made the social platforms very popular and therefore, very crowded, which are reflected in its response to shared contents.
Freedom of Speech on Social Media
The impact of freedom of speech shared and expressed through social media is prominent. As suggested by Miller (2018), social media help people to ventilate their opinion regarding their perspective of social events, which on one hand
ings into focus the issues that need to be resolved as well as tarnishes the image of persons and organisations, against which the issues have been targeted at , i
espective of the legitimacy of the expressed views. On the positive side, it is also seen that social media gives personal issues, the gravity and popularity that generate positive outcome, as the authorities are faced with questions.
Effects of Freedom of Speech on Employees
Despite the differences in constitutional frame, employees in all countries, working under private or government organisation have the right of freedom of speech. The freedom of speech, as suggested by Gray (2018), gives employees the power to vent their feelings about social events, personal issues in the context of the general populace of a place, despite their low organisational positions, lack of organisational decision-making power and the regulation of workplace organisers. Freedom of speech allows employees to criticise without fear, as the State protects the employees on legal grounds. The freedom speech also gives the employees to criticise local government as a citizen of the country.
Workplace Obligations
Workplace obligation is the directive aspect of all organisational bodies, which expect that employers provide employees a safe, healthy and risk-free working environment that does not harm their mental and physical health. As stated by Ross (2018), workplace obligation also expects that employees behave in such a way, which does not harm the reputation, and interest of the organisation that are judged on the parameters of ethical practices of organisational function. The workplace obligation also ensures that employees take complete responsibility of their actions that potentially infringe the interest of the organisation and self.
Effects of Freedom of Speech on Rights of Employers
The freedom of speech, sometimes, can potentially create problems for employers of business organisations, although for individual employees it acts in a different manner. As noted by Pravichai and Ariyabuddhiphongs (2018), employers of business organisation had to secure their trade secrets, despite the fact that they have to share the secrets with the employees that work for it, i
espective of their tenure in the organisation. In addition, the employers take intricate measures to generate profit and make reputation among the customers and in order to do so; many organisations fail to follow the government standards in very na
ow aspect, which again gets exposed due to employees’ freedom of speech. Freedom of speech makes issues public from within organisation, employer deviate from mal-practices at the workplace.
Cyber Bullying
Cyber bullying is the form of harassing, insulting, manipulating any person or organisation via texted, or media related file sharing. As assessed by Baldry et al. (2018), cyber bullying is one of the dark sides of Information Technology and use of internet, the evidence of which can be found in the fact that the persons, who bully, often use fake names or internet based addresses that are hard to locate as well as authenticate, while getting the full advantage of sharing contents effortlessly to a single or group of persons, while remaining unrecognised.
Impact of Cyber Bullying on...
SOLUTION.PDF

Answer To This Question Is Available To Download

Related Questions & Answers

More Questions »

Submit New Assignment

Copy and Paste Your Assignment Here