Objective test for determining whether act or omission constitutes bullying, excessive work demands or racial or sexual harassment
8L Objective test for determining whether act or omission constitutes bullying, excessive work demands or racial or sexual harassment
In determining whether an act or omission amounted to a worker being subjected to bullying, excessive work demands, racial harassment or sexual harassment that caused a primary psychological injury—
an objective test must be used, and
the worker’s perception of the relevant event is relevant, but only to the extent the worker’s perception of the event is reasonable, and
consideration must be given to the matters prescribed by the regulations.
Note—
In applying an objective test under this section, the conduct that constitutes the act or omission is taken to occur in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the other person would be offended, insulted, humiliated, intimidated or otherwise consider the act or omission to amount to being subjected to bullying, excessive work demands, racial harassment or sexual harassment.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- Insurance Premiums Order (January–June) 2006 · Regulation
- Insurance Premiums Order (January–June) 2007 · Regulation
- Insurance Premiums Order (January–June) 2008 · Regulation
29 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandum
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