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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.
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.
Workplace bullying can take various forms, and it is crucial to recognise the signs and manifestations.
What to Do if You’re Being Bullied If you believe you are experiencing workplace bullying, it is essential to take action.
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:
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.
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.
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.
Depending on your situation it may be appropriate to seek legal advice from a lawyer with experience in workers’ compensation.
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:
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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