Our Brisbane workplace bullying lawyers can explain your rights when repeated and unreasonable behaviour directed towards you results in a diagnosed psychological injury or mental health condition. They provide support QLD-wide on a 100% no-win, no-fee basis.
If workplace bullying has damaged your mental or physical health, workplace harassment lawyers can help stop the unreasonable behaviour and explain your eligibility to claim workers’ compensation.
Our qualified workplace bullying lawyers offer a free case review for bullying claims, explaining your legal rights and eligibility to seek compensation. Our no-pay guarantee means you pay only for a win, and nothing if you lose. It’s free to know where you stand. Call 1800 700 125 or email us
Workplace bullying occurs when one or more people repeatedly behave unreasonably towards another employee (or a group of workers), and this undesirable behaviour creates a health and safety risk.
The following must have occurred to be considered bullying:
An expert workplace harassment lawyer can explain the legal process and your rights.
Attending your place of employment every day can be extremely stressful when you have experienced harassment or bullying at work. But time off work can lead to lost income, making expert advice from a work injury lawyer out of reach.
Splatt Lawyers offers a 100% no-win, no-fee policy, which means you have no out-of-pocket costs for legal costs or fees until you win. Our no-financial-risk guarantee means the following:
Our workplace bullying lawyers can provide you with a free copy of our legal cost agreement, which outlines our 100% No-Win, No-Fee policy during a free claim review. Call 1800 700 125
You may be eligible to make a workers’ compensation claim if you have a diagnosed psychological injury due to workplace bullying.
To have a successful WorkCover bullying claim, you need to prove that your psychological damage occurred because of your job or during workplace activities. In other words, your employment was a significant contributing factor to your injury.
Workers’ compensation lawyers understand the process of seeking damages for employer negligence.
If you work for an employer who is covered by the Fair Work Act, you could make an application to stop the bullying with the Fair Work Commission (FWC)
If the Fair Work Commission discovers bullying, it can launch an investigation and render a decision. An order may require a person or group to:
Fair Work Australia also handles cases of unjust termination. For example, you may be eligible to file a claim for unfair dismissal if your employment was terminated unjustly due to Workplace Bullying.
The FWC is unable to pay any compensation connected to employment. Therefore, if you seek compensation, your best option is to submit a claim for workers’ compensation or negligence claim.
Employees can expect their employers to provide a duty of care under the common Law. This owed duty requires employers to exercise reasonable care for their employees’ safety, including protecting them from workplace bullying.
If your employer has breached their owed duty, you may be able to claim compensation and receive a damages payout for lost wages and pain and suffering compensation.
The value of compensation for workplace harassment and bullying varies considerably based on various factors, including:
You could receive weekly payments from WorkCover when you have a diagnosed mental health condition. More severe cases may be entitled to lump sum compensation for permanent impairment.
If you experience repeated and unreasonable behaviour while working, you may be eligible to make a workplace bullying claim. Most companies have workplace policies about bullying and harassment, so read them carefully before making a formal complaint.
These policies usually allow concerns to be raised first with another employee if they’re available or with a manager if they’re not.
Alternatively, your employer may have a health and safety representative who deals with workplace safety issues.
Your employer should seek to resolve the problem through mediation or a confidential, informal settlement between both parties. But if this fails and you wish to file a bullying complaint, you should seek legal advice from an experienced employment lawyer beforehand.
The following do not constitute workplace bullying.
The term workplace bullying does not apply to any acts performed by management that are legitimate and reasonable. These actions may include:
It is common for employees to disagree. This behaviour is not considered workplace bullying unless it escalates into recurrent, unreasonable behaviour that endangers an employee’s health and safety.
Sexual harassment and discrimination at work are illegal and governed by anti-discrimination, equal employment opportunity, human rights, and workplace relations laws.
The legislation includes discrimination based on:
An experienced sexual harassment lawyer would deal with this type of case.
Bullying in the Workplace can create an unhealthy work environment and negatively impact your health and the health of others. Adverse effects may include:
Workplace harassment can occur between individuals at any time, and the behaviour can create a health and safety risk. For example:
Only employees who work in a constitutionally covered business are eligible to make a bullying complaint.
Workplace bullying happens in various settings, including on the phone, in person, via email, and on social media. Common forms of workplace bullying include the following:
The following actions do not constitute Workplace Bullying:
The term Workplace Bullying does not apply to any acts performed by management that are legitimate and reasonable. These actions may include valid and appropriate feedback, transfer, demotion, termination, or disciplinary action.
It is usual for employees to dispute or differ in opinion. This behaviour is not considered workplace bullying unless it escalates into recurrent, unreasonable behaviour that endangers an employee’s health and safety.
Sexual harassment and discrimination at work are illegal and governed by anti-discrimination, equal employment opportunity, human rights, and workplace relations laws.
Record work-related events, including time, date, location, and parties involved.
Ask the bully to stop and explain that you don't find their behaviour acceptable. Document these conversations.
Seek legal advice about your rights from a union representative, employment lawyer, HR counsellor, OH&S representative, or bullying lawyer.
Investigate your occupational health and safety policies, including options to manage the bad conduct.
Try to resolve work difficulties with your boss. Tell them about your concerns and request action.
Other options are available if your employer fails to address workplace bullying appropriately, like contacting workers' compensation experts.
If you are experiencing workplace bullying and diagnosed with a mental health condition, you could be eligible to file a workplace bullying and harassment claim. WorkCover is the Queensland workers’ compensation scheme that covers various physical and psychological injuries supported by employer premiums.
If your WorkCover claim is approved, you may be eligible for weekly payments for your time off work, reimbursement of your medical and similar expenses, and, in some situations, a lump sum payment for permanent impairment.
If you have been bullied at work or have other employment issues, your rights can vary depending on your circumstances. Our Brisbane lawyers offer QLD-wide free initial advice that can explain where you stand.
All our workplace legal services are 100% no-win, no-fee. Pay for a win and nothing if you lose. Call 1800 700 125
If you need more support from an employment lawyer, ask our team for a recommendation.
Splatt Lawyers provides legal advice regarding QLD workplace bullying and harassment from ten QLD-wide locations.
There are different ways to report bullying, depending on who engages in the unwanted behaviour.
All Queensland employees are legally entitled to a safe working environment. You do not need to suffer if you are stressed at work because of harassment and bullying behaviours.
In this situation, you should seek expert legal advice.
Safe Work Australia defines bullying as unreasonable and repeated behaviour directed at individuals or groups that threatens their safety and health. Section 789FD of the Fair Work ACT 2009 outlines a similar definition: an individual (or group of workers) posing a danger to another employee (or group of workers) behaving unreasonably and repeatedly, creating a risk to work health and safety.
This type of legal matter falls under employment law.
If you are bullied while working and have a psychological injury, you could have grounds to make a WorkCover claim for workers’ compensation.
It will help your case if you have already been seeking support from a counsellor, psychologist, psychiatrist or GP, and they have documented the impact of the undesired work behaviour.
To make a successful workplace bullying compensation claim, you need proof, so please keep thorough records of written and verbal conversations with dates and times.
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