Your health is too important to let it be affected by workplace bullying. If you are being bullied in the workplace we can help protect your health, employment law rights and your reputation.

Call us today and talk to one of our Experts!

“The industry I work in is tough, it was good to speak to someone who understood my day-to-day work challenges. My boss told me that I wasn’t entitled to overtime or annual leave. I didn’t have any reason to doubt him. It wasn’t until I spoke with Hunter and he helped me understand the Award which applied to my job and the entitlement, including overtime, that I ought to have been getting paid.” – Percy

The Fair Work Commission can order that bullying behavior stop. An order is a ruling made by the Fair Work Commission. Once an order is made it must be complied with.

The FWC will consider maker orders stopping bullying if:

• the applicant is a worker;
• works in a constitutionally covered business;
• while at work the an individual or group repeatedly behaves unreasonably towards the worker; or
• group of workers of which the worker is a member
• unless an order is made that the bullying will continue.

Unreasonable behavior may include the following:

• Conduct intended to embarrass or humiliate
• Threats
• Teasing, practical jokes
• Exposure to offensive material
• Social Media harassment

Although conduct that may be considered unreasonable behavior will not be if its determined the conduct was reasonable management action. This might include:

• Performance management processes;
• Disciplinary Action for misconduct;
• Notice of unsatisfactory work performance;
• A direction for perform reasonable duties
• Maintaining reasonable workplace goals and standards

If an order to stop bullying is made by the Fair Work Commission, it will not include the payment of money. However, if the Fair Work Commission does make an order to stop bullying and that order is not complied with then an application can be made for what is called “civil remedy provisions.” This can include the payment of monetary penalties and the possibility of compensation to the aggrieved.

Bring the matter the attention of a manger or supervisor. If the bullying continues you may want to consider making a complaint in writing. There are protections contained within the Fair Work Act that protect workers from making a complaint, these are called General Protections. Its always a good idea to have your employment contract on hand and also copies of polices and procedures that deal with complaint making. It always a good idea to get advice before making a complaint.

If you have made the complaint and the bullying continues or gets worse its probably time to get some expert advice and call one of our solicitors.

Resources and links:

https://www.fwc.gov.au/disputes-at-work/anti-bullying

Find out more about our other services including:

• Unfair Dismissal
• Workplace Injury
• Redundancy
• Sexual Harassment
• Restraint of Trade