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In this paper we investigate the evolution of occupational health and safety ( OHS) legislation aimed at harnessing workplace bullying. We begin with a brief discussion of workplace safety and literature covering workplace bullying. Then we present an overview of the development of Australian OHS legislation in recognising the influence of psychosocial hazards such as bullying. Following this we examine the Fair Work Commission's anti-bullying jurisdiction which commenced on 1 January 2014. We argue that while the new anti-bullying laws are a welcome response to the problem of workplace bullying, they offer a minimalist rather than a comprehensive remedy to the problem. We conclude that the only way to provide an adequate response is to create stand-alone legislation that recognises bullying as a criminal offence with remedies sufficiently castigatory to act as a deterrent to would-be workplace bullies and prompt proactive workplace cultural change. [ABSTRACT FROM AUTHOR]

The increasing pervasiveness of web-based technologies presents employers with particular challenges in terms of employee voice and resistance, as well as surveillance, privacy and discipline. This paper is concerned with the implications for human resource management and labour law of the social media policies with which employers increasingly regulate employee online behaviour when off-duty. The object is to consider in particular the content of employers' social media policies in relation to expression of employee voice, and the limits which national labour laws might impose. Employment laws in Australia and the United States are compared. Through focusing on the implications of social media policies for the regulation of employees' online behaviour outside the workplace, this paper is concerned also with the purpose and scope of employment law and human resource policy, particularly in relation to employees' private lives and, by association, the scope of employees' implied contractual duties. [ABSTRACT FROM AUTHOR]