Bullying and harassment in the workplace
Whether it’s verbal or physical bullying or harassment, or discrimination, no one should feel intimidated or uncomfortable in their place of work. What’s My Claim Worth partners with specialist law firms throughout Australia that can support you and help you make a claim.
What are my rights regarding bullying and harassment?
Under Commonwealth law, you have a right to be free of bullying and harassment in the workplace, and your employer has an obligation to protect that right.
The Fair Work Act 2009 has defined workplace bullying as repeated and unreasonable behaviour towards a worker which poses a risk to that worker’s safety and health at work. The Work Health and Safety Act 2011 asserts that all employers and businesses have a duty of care to their workers, and to ensure that workers are not exposed to risks to their health and safety. Unless an employer can prove that they did everything they reasonably could to stop any bullying and harassment within their workplace, they could be held liable for their employee’s actions.
If you have suffered any physical or psychological injuries due to workplace bullying or harassment, whether your employer is at fault or not, you may be eligible to make a workers’ compensation claim, or for other forms of compensation.
What can I do about workplace bullying or harassment?
Many workplaces will have documented processes in place to deal with instances of bullying and harassment, but it is usually appropriate to attempt to address the problem within the workplace before lodging a claim.
If possible, you can attempt to professionally and politely communicate the problem to the instigator, or to a relevant manager. If it is not possible to address the problem within the workplace, your next step is to contact the tribunal responsible for workplace disputes, the Fair Work Commission, and lodge a complaint.
If you need guidance, or if the problem is still not resolved, independent legal advice from an expert in employment law should be able to help you. What’s My Claim Worth can connect you with legal experts across Australia, who can help you analyse and understand your situation. In some cases, the appropriate next step might be to lodge a workers’ compensation claim or another legal avenue of redress, which a What’s My Claim Worth lawyer can help you understand and decide on.
What does my workplace bullying and harassment claim involve?
What’s My Claim Worth can help you start the process to get the result you need in your fight against workplace bullying and harassment. A claim can result in financial compensation for you, and potentially new workplace rules within your place of employment.
Workers’ compensation claims will require a medical practitioner’s diagnosis of physical or psychological injury caused by workplace bullying or harassment, and an administrative process involving your state’s compensation administration scheme. Depending on the complexity, sensitivity or particulars surrounding your case and circumstances, your What’s My Claim Worth lawyer may be able to advise you of other types of claims or legal avenues which are more appropriate.
How much is my workplace bullying and harassment claim worth?
What’s My Claim Worth’s expert claims advisors can provide you with a range of estimates based on your case and determine your eligibility to claim, so you can begin the process of your bullying and harassment claim. Our advisors can connect you with the appropriate specialist lawyer, who will be able to explain your options, guide you through the process, and empower you to achieve the compensation you deserve.
Our recommended lawyers operate under a No Win, No Fee guarantee (excluding defendant costs if the claim is litigated), meaning you can pursue the path that’s right for you without worrying about whether it’s affordable.