Aitken logo
The Lawyers for Employers
  • Home
  • COVID-19
    • Key Issues
    • Useful Websites
    • COVID-19 Alert
  • About Us
    • Our Team
    • Our Community
    • Testimonials
    • Recruiting now
  • Our Services
  • Updates & Events
    • Events
  • Contact Us
    • Join Our Newsletter
Sunshine Coast  07 5413 4000  | Gold Coast  07 5593 1665  | Melbourne 03 7020 2370
  • Facebook
  • Linkedin
  • YouTube
November 23, 2019

Workplace Bullying

Workplace Bullying

  • Our Services
  • During Employment

What is bullying?

An employee is bullied at work if an individual or group of individuals repeatedly behave unreasonably towards the employee, or a group of employees of which the employee is a member and the behaviour creates a risk to health and safety.

Bullying can be subtle or covert and includes spreading malicious rumours about an employee; setting unreasonable work expectations; exclusion from work-related events; acts of intimidation, coercion, threats, aggression, humiliation, shouting, sarcasm, victimisation, singling-out; malicious pranks; abuse (physical, verbal and emotional); isolation; ganging-up; innuendo; disrespect; victim-blaming; repeated acts of discrimination or harassment and so on.

Employers cannot ignore or delegate their workplace health and safety obligations. They must do everything reasonably practicable to prevent and address bullying in the workplace. A good starting point is ensuring you have a properly drafted Workplace Bullying Policy and have provided training to your employees on the policy.

Key risks of getting it wrong

  • Employee could resign and make either an unfair dismissal or general protection claim in the Fair Work Commission alleging constructive dismissal.
  • Employee could make an application to the Fair Work Commission for an order to stop bullying whilst still employed.
  • Workplace health and safety complaint, investigation and prosecution if found to have breached the Work, Health and Safety Act 2011 (Qld).
  • Workers’ compensation claims usually related to mental health issues.

How can we help you?

Allegations of workplace bullying must be taken very seriously. If an employee makes a complaint alleging workplace bullying, it is imperative that you act promptly and investigate the grievance thoroughly and in accordance with relevant policies and procedures.

Our experienced Employment Lawyers can help by:

  • Preparing a Workplace Bullying Policy;
  • Providing training in relation to your Workplace Bullying Policy;
  • Providing guidance on how to manage a specific workplace bullying complaint;
  • Advising on risks in relation to a specific complaint;
  • Conducting an independent investigation into a workplace bullying complaint and preparing a report on the outcome;
  • Advising on how to manage an employee found to have bullied another employee;
  • Advising on a claim commenced in the Federal Court, Federal Circuit Court, Fair Work Commission (‘Tribunal‘) or a WHS prosecution;
  • Representing you in defending a claim in the Tribunal;
  • Representing you in relation to a WHS investigation and prosecution; and
  • Negotiating a settlement of a complaint or a claim in circumstances where a settlement is warranted, including preparing a Deed of Settlement and Release
<
Subscribe to Our Youtube channel

'Workplace Bullying' Related News

July 27, 2018

EMPLOYMENT UPDATE

Workplace bullying, performance management, and dismissals being effected “in person”

This month we examine a case which considered the definition of bullying and also commented on what constitutes reasonable performance management. We also briefly look at a case where an employer dismissed an employee by email. What constitutes bullying under the Fair Work Act 2009 The Fair Work Commission recently dismissed an anti-bullying order sought […]

Read More

Search our Website

Search our Updates

Select a Child Category
category
Loading....
07 5413 4000
Join Our Newsletter

Our Services

  • Employment Contracts
  • Enterprise Agreements
  • Award and Employee Entitlements
  • Policies and Procedures
  • Independent Contractor Agreements
  • Performance Management
  • Managing Ill and Injured Employees
  • Underpayment Claims
  • Fair Work Ombudsman Investigations
  • Workplace Bullying
  • Discrimination and Harassment / Sexual Harassment
  • Restructuring
  • Workplace Investigations
  • Sham Contracting
  • Transfer of Employment
  • Industrial Action and Unions
  • Workers Compensation Reviews
  • Workplace Health and Safety
  • Serious Misconduct
  • Redundancy
  • Termination of Employment
  • Unfair Dismissal
  • General Protection
  • Restraint of Trade
  • Breach of Employment Contract
  • Settlement Agreements
  • Training

Locations

Sunshine Coast Office
Level 2, 20 Innovation Parkway,
Birtinya QLD 4575
Ph: 07 5413 4000
Gold Coast Office
Suite 602 Level 6 'The Rocket',
203 Robina Town Centre Drive,
Robina QLD 4226
Ph: 07 5593 1665
Melbourne Office
Suite 6, Central OPS 4.0,
48 Bertie Street
Port Melbourne VIC 3201
Ph: 03 7020 2370

Navigation

  • Home
  • COVID-19
    • Key Issues
    • Useful Websites
    • COVID-19 Alert
  • About Us
    • Our Team
    • Our Community
    • Testimonials
    • Recruiting now
  • Our Services
  • Updates & Events
    • Events
  • Contact Us
    • Join Our Newsletter

Recent Posts

  • Significant changes to casual employment arrangements passed March 31, 2021
  • FWC rules “supremely overconfident, manipulative, imperious, completely self-obsessed and some might say, a somewhat unpleasant individual” was not unfairly dismissed March 31, 2021
  • Preventing workplace sexual harassment February 26, 2021
  • Specialist Law firm celebrates 15 years on the coast January 29, 2021
Copyright © Aitken Legal 2020 | All Rights Reserved | Disclaimer | Privacy
Website by Digital Elements