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What Kind of Compensation are you Entitled to if you Have Been Bullied at Work?

A woman in a business suit being belittled by a coworker

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A woman in a business suit being belittled by a coworker

Everyone has the right to feel safe at work. However, this is not always the case. You may be entitled to claim workers compensation if you have been bullied at work and sustained a physical or psychological injury as a result. 

What is bullying?

Bullying and harassment in the workplace involves repetitive unreasonable behaviour by a person or group of people that causes humiliation, offence, intimidation or distress to another worker or group of workers.

Examples of workplace bulling

  • Behaving aggressively towards others.
  • Teasing or playing practical jokes.
  • Intimidation or humiliation.
  • Pressuring someone to behave inappropriately.
  • Uncomfortable physical behaviour.
  • Excluding someone from work-related events.
  • Unreasonable work demands.

What is not workplace bullying?

Not every negative workplace experience or emotion can be described as workplace bullying. Reasonable management action that’s carried out in a reasonable way is not bullying:

  • Make decisions about poor performance
  • Take disciplinary action
  • Direct and control the way work is carried out
  • Modification of employee duties to improve overall business performance
  • Refusing a return to work request due to the employees medical condition
  • Investigating alleged misconduct in the workplace

Steps to take if you are being bullied at work

1. Keep Records

You should keep a record of any bullying incidents that have occurred. It is best to take note of details such as the date, time, place and persons involved to help substantiate any of your claims.

It is important to obtain statements from witnesses about the negative behaviour directed towards you. Your work colleagues, roommates or your family members can provide statements describing the impact the abuse had on your wellbeing, work and life.

2. Seek advice at work and report it

You should try to resolve any bullying issues at the workplace by bringing it to the attention of your employer. You can speak with your manager, health and safety representative or the human resources department. If you work in an organisation governed by the Fair Work Act, you may also apply to the Fair Work Commission for an order to stop the bullying.

3. Seek legal advice

You should seek legal advice if you feel that the matter has not been adequately handled by your employer, your health declined as a result of the bullying, your ability to work has been affected due to your impacted health, or you just need more support or information.

Claims for workplace bullying compensation payment can take several forms, including workers compensation claims, permanent impairment claims and work injury damages claims. Jameson Law can help you understand your rights and provide you with the help you need.

Call us on 1800826895 or book your free consultation online.

Reference:
https://www.fairwork.gov.au/employment-conditions/bullying-sexual-harassment-and-discrimination-at-work/bullying-in-the-workplace

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