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Understanding Workplace Bullying in Australia

If you suspect that you are experiencing or have experienced workplace bullying, it is essential to know that you have rights. Australia has national anti-bullying laws in place to safeguard employees, contractors, volunteers, and others in various work arrangements.

Defining Bullying in the workplace occurs when an individual or group repeatedly engages in unreasonable behavior towards another person or group, posing a risk to their health and safety.

Unreasonable behaviors may include:

  1. Victimizing
  2. Humiliating
  3. Intimidating
  4. Threatening

Examples of such behavior include aggressive conduct from colleagues or employers, teasing, or being the subject of practical jokes. Furthermore, if you feel pressured to engage in inappropriate actions, excluded from work-related activities, or faced with unreasonable work demands, these could also constitute bullying.

What Constitutes Workplace Bullying?

Workplace bullying can take various forms, and it is crucial to recognise the signs and manifestations.

Here are some common examples:

  1. Verbal Abuse: This includes yelling, shouting, or using offensive language towards a colleague or subordinate.
  2. Physical Intimidation: Actions such as invading personal space, making threatening gestures, or displaying aggressive body language.
  3. Social Exclusion: Deliberately excluding someone from workplace activities, meetings, or social events.
  4. Unreasonable Work Demands: Imposing excessive workloads, setting unrealistic deadlines, or constantly changing tasks without justification.
  5. Undermining or Sabotaging: Behaviors aimed at undermining a person’s work, spreading rumors, or sabotaging their efforts to succeed.
  6. Cyberbullying: Bullying behavior conducted through digital means, such as emails, social media, or instant messaging platforms.

What to Do if You’re Being Bullied If you believe you are experiencing workplace bullying, it is essential to take action.

How to deal with bullies at work

If you are experiencing workplace bullying, here is how to deal with bullies at work and what you can do to stand up for yourself and protect your rights:

  1. Check to see if your workplace has a bullying policy
  2. Keep a diary record of the repeated unreasonable behaviors, including your responses to them
  3. Talk to someone in your workplace about the bullying behavior – this could be a colleague, your manager, or a union representative
  4. Make a formal complaint to your manager or employer (or according to your workplace bullying policy)
  5. Seek appropriate physical or mental health care from your GP or psychologist or other healthcare provider
  6. Request medical certificates or psychological reports from your health professionals as these are important in supporting your claim for workplace bullying compensation
  7. At any stage, you can consult a worker’s compensation lawyer, from when the workplace bullying first begins to when you feel you have exhausted all resolution options

What Doesn't Qualify as Bullying?

It is important to note that reasonable management actions are not classified as bullying in the workplace. This means that managers have the authority to make decisions related to performance management, disciplinary actions, and directing work processes. However, if you believe a manager has acted unreasonably in a particular situation, their actions may still be deemed as bullying behavior.

Who is Protected by Workplace Bullying Laws?

Workplace anti-bullying laws cover individuals engaged in any capacity for a business or organization. This includes employees, contractors, subcontractors, apprentices, trainees, and volunteers. In most cases, these laws extend protection to anyone carrying out work within Australian workplaces.

Resolving Workplace Bullying If you’ve experienced bullying in the workplace and meet the eligibility criteria, you have the right to lodge an application with the Fair Work Commission (FWC). The FWC possesses various powers to address and prevent further instances of bullying.

Remedies that the FWC may order include:

  1. Directing individuals to cease specific behaviors
  2. Implementing regular monitoring of behaviors by employers or principals
  3. Ensuring compliance with the organization’s bullying policy
  4. Providing additional support, information, and training to employees
  5. Reviewing and revising the organization’s bullying policy

It is important to note that while the FWC can issue orders to address bullying, it does not have the authority to impose fines or penalties. Also, the FWC cannot award financial compensation for bullying matters, even if bullying occurs in the workplace.

When to seek legal advice

Depending on your situation it may be appropriate to seek legal advice from a lawyer with experience in workers’ compensation.

  1. If you have suffered psychological or physical harm as a result of workplace bullying, you should lodge a Workcover claim as soon as possible. Workcover is a workers’ compensation scheme funded through the premiums paid by employers and covers a broad range of injuries, both physical and psychological.
  2. If your Workcover claim is accepted, then you may be entitled to receive weekly payments for your time off work, payment of your medical and like expenses, and, in limited cases, a lump sum compensation for permanent impairment.
  3. If you have not suffered psychological or physical harm from workplace bullying, there are still things you can do. Our experienced employment lawyers can provide you with advice on a wide range of challenges at work, including workplace discrimination, bullying, and adverse action.

How can workplace bullying lawyers help?

In Australia there are federal laws relevant to bullying, harassment and discrimination. Depending on the type and pattern of bullying behaviors you are experiencing, various employment laws may also be relevant.

Our team of employment lawyers has extensive experience in this area of workers’ compensation law. They:

  1. Will listen to your workplace bullying experience and make sure your voice is heard
  2. Can advise on your compensation for workplace bullying options
  3. Know how to support and guide you through the legal process

Focused on Results

It is essential you have experienced lawyers when dealing with disputes relating to bullying in the workplace and employment law. Our employment lawyers can attend mediations between yourself and your employer, negotiate on your behalf, assist you in making a Fair Work application, and will make sure your rights are protected. We can also offer advice to employers if an application through Fair Work Australia has been brought against your business.

Kingsford Lawyers are focused on results.

Our lawyers can assist you with all employment matters. Contact us today on 1300 244 342 or send us an email at admin@kingsfordlawyers.com.au and one of our employment lawyers would be happy to help.

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