Mar 31 - Isolas Hosts Employment Breakfast Briefing On Mediation And Bullying
Isolas recently hosted a group of HR professionals for another in its programme of Employment breakfast briefings. This particular one dealt with mediation in Gibraltar and bullying in the workplace. The event, which was by invitation only, attracted approximately 50 of Gibraltar’s HR professionals from all areas of industry, from gaming to banking, corporate service providers to union representatives.
Marisa Hernandez, an Associate with the firm, first spoke about Mediation in Gibraltar and its growing use in a variety of contexts. The presentation, as usual, provoked an interesting discussion between attendees and the speakers, amongst them one of Gibraltar’s most senior employment law practitioners, Christian Rocca.
Samantha Grimes then spoke about the headline subject of the bullying at work legislation introduced last year, dealing with definitions, policies and pitfalls and measures that employers can take to ensure that the they do not fall foul of its provisions.
Some of the points raised during the event were captured on the Isolas Facebook page timeline and are reproduced below.
Mediation
"Marisa talking about the two types of mediation... Now having a discussion about the use of mediation in Gibraltar. A handful of our guests have some experience of it..."
"Conversation getting interesting on mediation in the employment context. Discussion now centring on how mediation early on in a workplace dispute can be useful in obviating a potential grievance scenario..."
"Mediation can be used as a tool for resolving disagreement in the workplace without prejudice to the employer's disciplinary process..."
"A three hour, interpersonal mediation can cost in the region of £350. A full blown Industrial Tribunal hearing will cost thousands. As a non-adversarial process where relationships are more likely to survive, it's a 'no-brainer' to try mediation. It can be offered by an employer as part of a well-being programme too..."
Bullying in the Workplace
"Samantha Grimes now talking about the impact of the Employment (Bullying at Work) Act 2015"
"Bullying is defined as a person "engaging in conduct which has the purpose or the effect of causing another person to be alarmed, distressed, humiliated or intimidated""
"Does bullying depend on the character/sensitivity of the person who is subjected to the alleged bullying? Some people are more sensitive than others. Discussing examples to illustrate the point. Also discussing the employers' liability to bullying happening in the workplace, even if it's by third parties - employers can take steps to protect themselves from falling foul of the legislation."
"Interesting conversation focusing on the obligation on employers to act on allegations of bullying even if the person making the allegation isn't keen for a formal process to be instigated, for any number of reasons. Interesting discussion and suggestions of how to deal at a low level, on an informal basis and the importance/protection of acting reasonably as an employer."
"Moving on to review a couple of case studies to help highlight the realities of the application of the law. Now covering what a bullying at work policy needs to look like - critical to maximising the level of protection afforded to an employer in a Tribunal context."
"One case sets out that a 'course of conduct' is required under the Act despite the fact that the Act refers only to someone 'engaging in conduct.'"
"Christian Rocca "the impact on small businesses of claims under the Act which could, if depression and an inability ever to work again are thrown into the formula for calculating damages, mean tens of thousands of pounds, is potentially massive.""
"The peculiarity of Gibraltarian workplaces and the cultural differences between Gibraltarian employees versus those of other nationalities makes for an interesting discussion on whether speaking certain languages or simply being used to different social etiquette can give rise to instances of 'bullying' by exclusion e.g., when a group of Gibraltarians are speaking Spanish amongst themselves in the presence of a non-Spanish speaking employee..."
Isolas says it is proud to be able to host such events and is always encouraged to continue providing these opportunities for the sharing of insight between professionals in a friendly and welcoming environment. Christian Rocca, Senior Partner, explained that “we owe much of the success of this firm’s employment team to events like this where we come together in a large group with people who we either already work for or who we don’t yet know in a way that encourages discussion of issues and trends in what has always been a very dynamic area of practice. I’m grateful to all those who attend and, of course, to the members of the team who dedicate the time that they do to prepare these very successful events.”
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