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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 lawyers provide expert legal advice.
Don’t suffer in silence when you are being bullied on the job. Contact our workplace harassment lawyers for immediate legal support. Our experienced workers’ compensation solicitors have been helping Queenslanders know their work rights for over three decades.
It costs nothing to get started, and there are no costs or fees until we win your case. Pay nothing if you lose – Call Now – 1800 954 153. or email us >
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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.
For immediate legal advice, call Splatt Lawyers now on 1800 700 125. For free, a workplace bullying lawyer will explain your legal position.
Our expert workplace bullying lawyers will guide you through the legal process to a better tomorrow.
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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 from our experienced bullying lawyers. They have a well-deserved reputation for championing the rights of Queensland workers. 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 compensation for permanent impairment.
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 a reasonable person would deem unreasonable under the same circumstances determines what constitutes unreasonable behaviour. To match the description of bullying behaviour, 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 compensation for missed wages and medical fees.
Ask our workers compensation team for help!
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.
If you experience repeated and unreasonable behaviour while working, you may be eligible to make a workplace bullying claim. Most companies will have workplace policies about bullying and harassment, so read them carefully before making a formal complaint.
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 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. You could also seek legal advice from employment lawyers.
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, when their behaviour creates a health and safety risk. 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 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.
Workplace 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 repeated unreasonable behaviour towards another or others threatens their 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.
Record work-related events, including time, date, location, and parties involved.
Request that they cease the bullying behaviour. Make sure your bully understands you do not find their behaviour acceptable. Document these conversations.
Seek the counsel of a third party: your union representative, HR counsellor, OH&S representative, or employment lawyer.
Investigate the policies and processes of your Workplace. What documentation does your employer have to manage this conduct?
Attempt to resolve workplace difficulties with your employer. Inform them of your concerns and request action from them.
Other options are available if 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.
When you have suffered a psychological injury as a result of workplace bullying, taking legal action can sometimes be traumatic and emotionally taxing. 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.
All our workplace legal services are 100% No Win, No Fee. Pay nothing until we win your case, and nothing if you lose. Call Us – 1800 700 125.
When you need expert legal advice for a QLD Workplace Bullying and Harassment case, it’s reassuring to know that Splatt
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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:
Payments can be in the form of weekly sums and a lump sum payment for permanent injuries. Ask a Splatt workplace bullying lawyer how it works.
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 unreasonably and repeatedly, creating a risk to work health and safety. This type of legal matter is covered by 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. If you had a medical condition that the law considered an illness or injury, it would help you succeed.
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.
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Our friendly experienced lawyers love to help. Contact our team with your questions or start your claim online now. It costs nothing to understand your options.