If you have been bullied or harassed at work in Queensland, you could be experiencing significant stress, anxiety, and depression. When this behaviour results in a work-related mental health condition or psychological injury, our QLD workplace bullying and harassment compensation claim lawyers provide expert legal advice.
Don’t suffer in silence when you are being bullied on the job. Contact our workplace bullying compensation lawyers for immediate legal support. Our experienced workers’ compensation solicitors have been helping Queenslanders know their work rights for nearly three decades.
The Work Health and Safety Act 2011 (Qld) outlines your right to a safe working environment. This legislation documents the standards and conditions for establishing a healthy and safe workplace.
As a Queenslander worker, you have the right to a workplace free of violent behaviour, harassment, discrimination, and bullying. Bullying and harassment at work can harm a person’s health, productivity, and job satisfaction. You can take several actions if you or someone you know is the victim of bullying or harassment at work.
Most companies have policies and procedures for handling these situations. This document includes appointed people you may speak with confidently and objectively to guide you in settling your issue. Plus, you can also get guidance from various government support organisations.
For immediate legal help, call Splatt Lawyers now on 1800 700 125. It costs nothing to know your legal position.
When you have been harassed or bullied at work, attending your place of employment every day can be very stressful. Time off work can lead to a loss of income, and now you need an expert work injury lawyer to help you through your predicament. So, it’s a relief to learn that Splatt Lawyers has you covered. Using our 100% No Win, No Fee policy means you have no out-of-pocket for legal costs or fees until we win your case. The Splatt No Financial Risk Guarantee means the following:
No one should have to tolerate a toxic work environment. Get the expert legal help you need. Splatt Lawyers have a well-deserved reputation for championing the rights of Queensland workers. We will relentlessly pursue your entitlements to ensure you have the financial resources to get back on track. Contact us now for your free legal case review. Call 1800 700 125.
The value of compensation for workplace harassment and bullying varies considerably based on various factors. The impact of unwanted behaviour on your life is the main criterion to assess your claim. Proving the extent of your workplace psychological damage requires expert evidence.
When a doctor, psychologist or psychiatrist says you are totally or partially incapacitated and can’t work, you could get a weekly benefit and claim your medical costs. In more severe cases, you could be entitled to a lump sum payment based on permanent impairment.
As with any personal injury compensation claim, the quality of your evidence is crucial. To increase your chance of success, you should seek expert workplace legal advice to guide you through the process. The actions you take early in your case will impact your outcome. Contact our experienced lawyers and solicitors now to know:
Your best course of action
The steps to take to support your case
The approximate value of your case
Your chance of a successful outcome
It’s free to understand your circumstances, so get started now >
Workplace bullying is when a worker or group of workers acts unreasonably toward a colleague. For bullying to have occurred, this unwarranted behaviour must be recurring. A single instance does not qualify. Workplace discrimination and sexual harassment are not considered bullying. There are other remedies in law for this type of behaviour. (read below)
If bullying occurs more than once and is unreasonable, it may fit the definition. What constitutes unreasonable behaviour is determined by what a reasonable person would deem unreasonable under the same conditions. To match the description of bullying, the following needs to have happened:
If you are impacted by bullying at work, you can petition the Fair Work Commission (FWC) to order the behaviour to cease. As a result, Fair Work Commission will initiate an enquiry and issue a ruling when discovering bullying. An order may require an individual or group to cease bullying, monitor the Workplace, or examine the employer’s current Workplace Bullying policy. Any failure to comply with a court order may result in judicial sanctions.
Fair Work Australia also handles cases of unjust termination. For example, you might 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.
You may be able to bring a claim for Workers’ Compensation if you have been injured due to Workplace Bullying. Psychological injuries are the typical outcome of bullying.
To have a successful workers’ compensation bullying claim, you need to prove that your psychological damage occurred during your employment and that your employment was the leading cause of the injury. A successful claim may mean you can be compensated for missed wages and your medical fees.
Employees can expect a duty of care from their employers under 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.
Bullying in the Workplace can create an unhealthy work environment and negatively impact your health and the health of others. Adverse effects may include:
Harassment can happen from any person towards another at any time within a workplace, for example:
Workplace Bullying happens in various settings, including, on the phone, in person, via email, and on social media. 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 there to be disputes or differences of opinion between employees in any company. This behaviour is not considered Workplace Bullying unless it escalates into recurrent, unreasonable behaviour that endangers the health and safety of an employee.
Sexual harassment and discrimination at work are illegal and governed by anti-discrimination, equal employment opportunity, human rights, and workplace relations laws.
Discrimination occurs when someone suffers an ‘adverse action’ such as being fired or demoted because of their ethnicity, religion, or gender.
Bullying occurs when an individual’s unreasonable behaviour towards another or others threatens health or safety in the Workplace. However, they do not need to be bullying someone based on a person’s characteristics, and adverse action does not need to have happened.
Most companies will have workplace policies about bullying and harassment, so read them carefully before making a formal bullying complaint. Your employer will likely have a standard grievance procedure. If there isn’t anything written explicitly about workplace bullying and harassment, you could always complain using your company’s general complaints procedure.
Usually, these policies 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 safety representative who deals with workplace safety issues. If the situation worsens, a policy may allow for a complaint to be filed directly with human resources or another high-level employee. Your employer should seek to resolve the problem with mediation or a confidential, informal settlement between both parties.
If you are in this situation, you should:
1) Keep a record of events, including time, date, location, and parties involved.
2) Request that they cease the behaviour. Make sure your bully understands you do not find their behaviour acceptable. Document these conversations.
3) Seek the counsel of a third party: your union representative, HR counsellor, or OH&S rep.
4) Investigate the policies and processes of your Workplace. For example, what documentation does your employer have to manage this conduct?
5) Attempt to resolve workplace difficulties with your employer. Inform them of your concerns and request action from them.
6) Other options are available if you believe your employer has failed to address Workplace bullying appropriately.
You may be eligible to file a legal claim if workplace bullying or harassment is causing you psychological trauma. WorkCover has a Queensland workers’ compensation plan 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.
Sometimes it can be traumatic and emotionally challenging to bring legal action against another party for a bullying claim. We understand this. At Splatt Lawyers, you receive confidential, expert advice and care from our dedicated team. Our personal injury lawyers have the sensitivity and experience to work with you on your workplace bullying claim and to help you seek the appropriate level of compensation.
If you are a victim of workplace bullying and have an approved workers’ compensation claim, you can access the same benefits as someone with a physical work injury. This includes compensation for lost income, medical expenses, rehabilitation, and statutory expenses. Payments can be in the form of weekly sums and a lump sum payment for permanent injuries.
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. Seek expert legal advice immediately.
Generally, your chance at a brighter tomorrow starts as soon as you take the first step. It costs nothing to understand your legal rights.
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 in an unreasonable and repeated manner that creates a risk to work health and safety.
If you are bullied while working, you could have grounds to make a stress claim for workers’ compensation. It would help to succeed if you were diagnosed with a medical condition classified by the legislation as an illness or injury.
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, this will help your case.