Can You Sue for Bullying at Work and Claim Compensation?
In Australia, people affected by workplace bullying sometimes ask, “Can I sue for bullying?”
If your employer fails to address bullying, you can commence legal action by making a psychological injury claim for financial compensation.
To help you understand your right to seek damages and make a successful claim, our legal guide explores the topic of suing for bullying, including:
- Defining bullying and its impact
- Common types of bullying behaviour
- The kinds of bullying compensation claims
- The recoverable damages from a bullying lawsuit
- How to claim compensation for workplace bullying
Free Legal Advice for Bullying Lawsuits
If you are experiencing workplace bullying, Splatt Lawyers provides free initial advice and legal services on a 100% no-win, no-fee basis, with no upfront costs. Pay for a win and zero if you lose.
Our psychological injury lawyers offer a free case review that can explain if you can pursue legal action by making a workers’ compensation claim. It’s free to know where you stand. Call 1800 700 125
What is Workplace Bullying and Its Impact?
The Fair Work Act 2009 defines bullying as any intentional and repeated unreasonable behaviour directed at a person (or group of people) that causes emotional, physical or psychological harm to someone else. However, bullying is not a one-off event. This type of destructive behaviour often involves:
• Verbal abuse
• Physical assault
• Social exclusion and humiliation
• Online gossiping
• Spreading rumours
Sadly, bullying happens in many situations – but it occurs more often at school, in the workplace, and online, severely damaging the targeted person’s life.
- If you experience workplace bullying, you will likely feel anxiety, depression, low self-esteem, and even self-harming thoughts.
- Bullying victims can also face other challenges, like maintaining social relationships and an overall reduced quality of life.
- The effects of this unreasonable behaviour can last for years after the bullying situation has ended, causing long-term damage.
What are the Common Types of Bullying Behaviours?
Being bullied means you have likely experienced these common behaviours.
Type of Bullying | Bad Behaviours |
|---|---|
Physical Bullying | Direct physical contact that harms, injures, or intimidates the targeted person, leaving visible marks, including damage to personal property |
Verbal Bullying | Involves using degrading, humiliating, or intimidating words to emotionally harm someone, whether in person, in writing, or online. Verbal abuse can destroy self-esteem and cause significant emotional distress. |
Social Bullying | Socially destructive behaviour that excludes someone from a group, including spreading malicious rumours about them. |
Psychological Bullying | This behaviour can be challenging to detect, as it occurs via email, online chat, or behind closed doors. Psychological abuse uses exclusion, intimidation, and unfounded rumours to control, isolate, and damage the target’s mental well-being. |
Sexual Harassment | Any sexually motivated, destructive behaviour that targets someone’s sexual orientation or gender identity, including unwanted advances, harassment, or spreading explicit content. This kind of conduct often leads to long-term mental trauma. |
Cyberbullying | Cyberbullying involves someone using online platforms, including electronic communication, to harass, intimidate, or humiliate someone else. This bad behaviour often involves rumours, sharing embarrassing photos or videos, or sending threatening messages. |
How Do I Report Workplace Bullying and Harassment?
- These are the steps to make a bullying complaint to stop the repeated unreasonable behaviour.
- Following these steps can help prevent further bullying by giving your employer time to address the problem.
1. Follow your workplace policies
- Most employers have workplace policies that explain the process for reporting bullying and harassment.
- When you make a formal complaint, these policies usually say what management and human resources will do and how the complaint will be handled.
- Read over your company’s rules to make sure you know how things work and are following the right steps.
2. Keep detail reports
- You need solid evidence to make a bullying claim, including accurate records of dates, times, locations, what happened, the people involved and any witnesses.
- Also, save copies of written communication, such as text messages, emails, and social media posts.
3. Report the bullying behaviour
If you feel safe doing so, report the bad behaviour to your immediate supervisor, manager, human resources department, or a health and safety representative.
They all have to take your complaint seriously and do everything they can to stop bullying.
4. Get Support
While making a report, you can also get help from a union representative or a trusted coworker.
Also, talking to your GP or a psychologist can help you deal with the effects on your physical and mental health and give you a medical diagnosis if you need one.
5. External reporting options
If internal reporting does not fix the issue (or you are concerned about adverse action), you could lodge a complaint with external organisations.
- The Fair Work Commission can issue Stop Bullying Orders if the behaviour continues.
- Complaints about discrimination or sexual harassment can be made to the Australian Human Rights Commission.
- For breaches of workplace health and safety laws, you can contact Safe Work Australia or your state’s work health and safety regulator.
6. Seek legal advice
Most employment law teams or senior lawyers offer free legal advice for workplace bullying claims. They will listen to the specific circumstances of your case and explain the best course of action. They can also explain:
• How to make a formal complaint
• Negotiate with your employer’s insurer on your behalf
• Provide legal representation if you decide to pursue legal action
Can I Take Legal Action for Workplace Bullying?
In Australia, you can generally sue for work-related bullying if an employer’s negligence causes a recognised psychological injury. This legal action gives injured people the right to claim damages for a breach of the duty of care and related financial loss.
If workplace bullying and harassment occur at your job, you should first talk to your manager, the human resources department, a health and safety representative, or a union representative. To know your right to claim a workplace bullying compensation payout, seek legal advice from compensation lawyers.
When diagnosed with a mental illness caused by undesirable workplace behaviours, Splatt Lawyers can explain your rights and entitlements during a free case review. Call 1800 700 125
Workers' Compensation Claims
You can be eligible to make a workers’ compensation claim for any physical or psychological harm (like workplace harassment) that causes you to experience a loss. Depending on your circumstances, you could:
- Lodge a workers’ compensation claim to receive weekly payments and financial support for your recovery.
- Claim a lump-sum impairment payout for long-term or permanent damage.
- Make a common law claim (sue your boss) when they breach their duty to provide a safe and healthy workplace.
Making a successful workers’ compensation claim can be challenging as insurance companies seek to minimise their liability, particularly for workplace bullying claims.
Additionally, psychological injury settlements are often more complex than those for physical harm, as the damage is invisible.
Permanent Impairment Lump Sum Payouts
You may be entitled to a permanent impairment lump sum payout if your psychological injury caused by workplace bullying results in a long-term or permanent disability.
- To qualify, an independent medical assessor would evaluate the extent of your injury and determine your whole person impairment (WPI) percentage using the ISV scale.
- The ISV rating directly affects the amount of financial compensation for workplace psychological injuries.
Reasonable Management Action
Not every act of poor treatment at work is bullying. That’s because Australian employers are allowed to manage their employees by using reasonable disciplinary action or performance management.
The Fair Work Act defines reasonable management action as justifiable decisions by employers to control work behaviour and manage performance or misconduct in accordance with company policies.
Examples of reasonable management action may include:
- Giving constructive feedback and performance reviews.
- Using disciplinary action for poor performance or misconduct.
- Moving an employee to a different role or location for valid business reasons.
- Managing workplace attendance or leave entitlements.
- Bullying differs from reasonable management action when undesirable behaviour is repeated and unreasonable, causing a health and safety risk.
- In such cases, employees may have grounds to pursue legal action by making a workers’ compensation claim.
How Much Compensation Can You Get for a Bullying Claim?
The value of a bullying compensation claim depends less on how bad the instigator’s actions were and more on how much they negatively impacted the claimant’s life. Generally, the factors that determine the value of a lump sum compensation payout include the following:
- The type of conduct, the degree of physical and psychological damage, whether permanent or long-term, and the chance of recovery.
- How much has it impacted their ability to earn an income now and in the future?
- The type of medical treatment they will need now and in the future.
- How much does it change their quality of life?
When calculating common law damages, personal injury lawyers and insurance companies use ‘heads of damage’ to decide the awarded settlement; these include:
- Past and future lost income and superannuation
- Past and future medical expenses
- Pain and suffering, also known as general damages or lost enjoyment of life
- Cost of home care
- Cost of medical aids and equipment
How Much is a Workplace Bullying Compensation Payout Worth?
The value of workplace bullying compensation payouts in Australia depends on the claim type, the severity of the injury, and the related impact on your life, particularly your work capacity.
If you are a victim of workplace bullying that triggers a recognised psychiatric injury, you could receive
- Weekly WorkCover benefits, which typically start at 85% of your net weekly earnings
- A psychological permanent impairment payout, using the WPI scale.
- A common law settlement (suing for damages)
Strict Time Limits to Sue for Bullying
There are strict time limits to sue for bullying under workplace laws. Missing your deadline typically means you won’t receive a lump-sum compensation payout. There are differing time frames depending on the type of legal action, for example:
- Common law claims: You can commence legal action for bullying compensation up to three years from the date of the injury.
- Workers compensation claims: You must lodge within six months.
- The Fair Work Commission has multiple deadlines depending on the case type, ranging from 21 days to one year.
Please note – the above information is general and does not constitute legal advice. Please consult a lawyer or solicitor to understand the time limits for your case.
At Splatt Lawyers, we can explain the time limits for your situation during a free case review.
Your Rights Under the Fair Work Act When Experiencing Bullying at Work
In Australia, the Fair Work Act 2009 protects your right to fair conduct at work and a safe workplace. Hence, employers must take reasonable steps to stop bullying, harassment, and discrimination in the workplace. When your employer fails to fulfil their legal duty, you can take legal action for your suffering and seek compensation.
Furthermore, each Australian state has workplace health and safety legislation that sets standards for safe and healthy workplaces. For example, the applicable Queensland legislation is the Work Health and Safety Act 2011.
Anti-Bullying Laws
All Australian states have anti-bullying legislation aimed at protecting residents at school, at work, and elsewhere. These laws define bullying, set out mechanisms for reporting breaches, and assign responsibilities to all parties to prevent this damaging behaviour.
Anti-bullying laws often guide investigations, disciplinary action, and support services for impacted people.
Steps to Successfully Sue for Bullying
If you have carefully considered your circumstances and decided to pursue legal action against your bullies, here are the steps to a successful outcome.
Step | How it Works |
|---|---|
Consult with a lawyer | Seek legal advice from a solicitor who specialises in compensation for bullying. They will explain the psychological injury claim process and barriers to a successful payout. |
Document Your Evidence | You will need strong medical evidence to prove your case, so keep medical records, photographs, emails, text messages, and witness statements.
|
File a Bullying Claim | File an accurate damages claim stating the allegations against the bully or liable party. This document will start legal proceedings. |
Negotiation or Mediation | Negotiations for a mediated resolution begin once liability is accepted. |
Court Litigation | If negotiations fail, the case may proceed to court litigation. |
Settlement Payout | Once approved, you will receive a settlement payout as full and final compensation. |
What Evidence Do You Need to Sue for Bullying?
To have a successful claim for bullying, you will need compelling evidence that shows a pattern of repeated and undesirable behaviour (not one incident). This evidence includes the following:
- A bullying diary that records dates and times, the location and description of what occurred
- Witness statements are valuable evidence for a bullying claim
- Medical certificates: that show how the bullying impacted your health
- Written records such as emails, social media posts, text messages, etc
- Evidence of exclusion: e.g. meetings where you were not invited (but should have been)
- Copies of workplace performance reviews that show unreasonable management action
- Audio and video recordings (that are legally obtained)
- Proof of financial loss, such as lost wages and super, out-of-pocket expenses
- Proof of emotional suffering, such as psychiatric reports, medications, etc
Bullying Compensation Advice from a Personal Injury Lawyer
If you or someone you know has experienced bullying, personal injury lawyers can advise whether you can sue for bullying. If this is your situation, a confidential discussion with a compensation lawyer can explain:
- The relevant bullying laws
- Your eligibility to claim compensation
- Your best legal options
All Splatt Lawyers’ bullying claims legal services are 100% no-win, no-fee. Moreover, our no-financial-risk guarantee means you pay when you win and nothing if you lose. It’s free to know where you stand. Call 1800 700 125