The Fair Work Act 2009 states that workplace bullying as repeated and unreasonable behaviour towards a worker which poses a risk to that worker’s safety and health at work. Whether it’s verbal, physical or discrimination; no one should feel intimidated or uncomfortable in their place of work.

Your place of work should be an inclusive and encouraging environment according to the Work Health and Safety Act 2011. It states that every employer and business has a duty of care to their workers, and to ensure that workers are not exposed in any way to a risk 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 an employee has suffered an injury (physical or psychological) because of the bullying they may be eligible to lodge a claim for a workplace injury under the Workers Compensation Act 1987.

What do I do about workplace bullying or harassment?

  • Communicate – be professional and polite, but speak to the person you have the issue with. It might be purely accidental on their behalf, and could be sorted after one simple conversation. However, if they are deliberately causing harm to you, then this conversation could stop them in their tracks, and result in a positive and simple outcome for you.
  • Escalate – if the initial conversation with the person that is bullying or harassing you doesn’t work, then this is the next logical step. Whilst this can seem intimidating, this process has to be continued with someone from management knowing the situation. That way it could be dealt with internally. Your workplace has rules and legislation in place to protect their staff – so they should try and protect you by law.
  • Complain – Fair Work Commission is the workplace tribunal for workers nationwide. Established by the Fair Work Act in 2009, it is responsible for administering the provisions of it. Fair Work has the power to work for you if you lodge a complaint with them. They can begin your case.
  • Seek legal advice – this is the final step. If you have tried the above three steps and haven’t got the outcome you want out of it, then an expert in employment law should be able to help you. What’s My Claim Work has legal experts that can analyse your case and put you in contact with lawyers in New South Wales to fight the bullying and harassment case for you.

What is the claims process?

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. Starting this legal process can result in monetary compensation for you, as well as potential new orders surrounding workplace rules within your place of work.

It should be noted that this is not a necessarily easy process. If you have had negative outcomes due to workplace bullyings, such as mental health issues, or psychological physical harm, then it is worth seeing if you can make a claim. Start the process today and speak to What’s My Claim Worth, to see whether your bullying and harassment in the workplace case can progress.