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Workplace Bullying & Harassment Lawyers

An employer has a duty of care to ensure your workplace is safe and this includes being free from bullying and harassment from co-workers or supervisors.

Employers are required by law to have in place policy and procedures to deal with workplace bullying. If you believe you are the victim of bullying in the workplace, you should refer to these policies and procedures to see what steps you can take to report the issue.

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It is important to understand what you can do to minimise the negative impact and stop the bullying as soon as possible.

If your workplace does not have any policy or procedure in place to deal with workplace bullying, if you can, discuss your concerns with the human resources department or another co-worker or supervisor.

What Is Workplace Bullying?

Workplace bullying is defined by Fair Work Australia as follows –

A worker is bullied at work if –

  • A person or group of people repeatedly act unreasonably towards them or a group of workers
  • The behaviour creates a risk to health and safety.

Unreasonable behaviour includes victimising, humiliating, intimidating or threatening.  Whether a behaviour is unreasonable can depend on whether a reasonable person might see the behaviour as unreasonable in the circumstances.

Examples of bullying include –

  • Behaving aggressively
  • Teasing or practical jokes
  • Pressuring someone to behave inappropriately
  • Excluding someone from work-related events or
  • Unreasonable work demands

What Is Workplace Harassment?

Workplace harassment is a form of bullying and is any form of repeated offensive behaviour fuelled by sexual advances, racially provoked instances, or in relation to an employee’s disability. Examples of harassment provided by the Fair Work include:

  • Telling insult jokes about particular racial groups
  • Sending explicit or sexually suggestive emails or text messages.
  • Making derogatory comments or taunts about a person’s disability.

What Should I Do If I Am Being Bullied or Harassed At Work?

You should report the bullying behaviour to your employer if you feel safe to do so.

If you are a target of workplace bullying and harassment, you should make a note of the nature and type of the bullying behaviour and if there are witnesses, make a note of the names and contact details of those witnesses.

If you are struggling to cope with the hurtful behaviour, make sure you talk to friends and relatives and seek professional help from your doctor or a psychologist. Bullying in the workplace can lead to serious injury if not acted on early.

If you are not coping and need to take some time off work, you need to consult your general practitioner and obtain a WorkCover Certificate of Capacity which certifies you unfit for work. This certificate is handed to your employer and the workers compensation insurer is notified of a claim.

You may be referred for counselling with a psychologist for treatment.

If because of workplace bullying, you are unfit for work you may need to speak to an expert worker’s compensation lawyer to understand your right to compensation.

If your employer fails in their duty of care and consequently you sustain a psychological injury, you may be able to purse a claim in negligence against your employer, this is known as a work injury damages claim.

If you need assistance with your workplace bullying and harassment claim, please do not hesitate to contact our accredited lawyers as follows;

  1. Complete our FREE case assessment form HERE
  2. Email us at info@garlingandco.com.au
  3. Give us a call on (02) 8329 9500

Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk by phone and email. Please contact our experienced accredited specialist personal injury lawyers to find out how we can help.

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Kimberly B.
23:14 14 Feb 24
Mathew is very knowledgable and has been of great assistance to me. All the staff are friendly and helpful. I'm so happy I found this firm.Thank you Mathew and team for your great work in my case.... I am 100% happy with what you achieved for me.read more
Julie M.
10:16 16 Jan 24
My last stage of Workers compensation claim was managed by Emma Perkins, Natasha Stojanovic, Rebecca Dunshea and Kelli Robinson at Garling and Co. Lawyers who went the extra mile with their service... from the beginning to the end of 3 years of my case. I have become very anxious with almost everything after a workplace injury and a lot of times I probably ask more questions than I need to, but Emma Perkins always finds clear answers to my questions in a short time and explains to me patiently even using her mealtime or between her meeting and make me feel that I have been very well take care and supported. I am so grateful and extremely satisfied. The excellent service, attitude, and culture of Metthew Garling and his team are second to none with a very high success rate. If you going to battle with your workplace injury for a short or long period, you are better off with Garling and Co. lawyers who are able back you up every step of the way. I strongly recommend it to anybody who needs their service like me. Julieread more
patrick P.
01:46 19 Dec 23
I like to say that I had a very wonderful experience,And the support, and also understanding with all my requests,I could not ask for a better team!Thank you Emma and also her assistant Rebecca... thank youread more
Kazi H.
13:38 13 Dec 23
Work cover fund is GOVT’S money but insurer think that it is from their 14th generation. So only they can have it. Not only that, people from the work, IME doctor from insurer, back to work... coordinator from work, Rehab provider from any side push the worker as hard as possible that the worker (doesn’t matter how the workers mental or psychical condition) either go back to his pre injury duty or leave the job.More over on that very bumpy any difficult journey some of them only treat the worker as a MONEY MAKING MECHINE .in some point worker feels like, no rooms to breath. On that moment need someone to support legally, someone to care, someone to relive.On my case I believe that, somehow, I manage to make my God happy. That’s why God sends me to Matthew Gerling and his team Allison, Rebecca and Nathan, and all of GARLING & co Lawyers.I am not good enough in English, can’t express my gratitude.Matthew, Allison, Rebecca and Nathan, please accept my appreciation and pass it to others.read more
Carol L.
01:32 29 Nov 23
Professional, understanding and friendly
Sean G.
23:21 14 Nov 23
Matthew Garling and everyone I spoke to at Garling and Co were kind, caring and compassionate. They were sensitive to my psychological condition and were patient in explaining everything to me, so... that I clearly understood the legal process. I am exceptionally grateful for the settlement outcome that Garling and Co obtained for me. Many thanks.read more
waqas A.
08:33 13 Nov 23
Great Experience with Garling & Co. Matthew explained everything in detail during the first appointment. Allison, Nathan, Rebecca and the staff have been extremely helpful. Thank You to the team and... lawyers at Garling & Co. for making the long process easy for me and getting an excellent outcome for my compensation claim.I would highly recommend Garling & Co. Lawyersread more
Saskia L.
21:42 08 Nov 23
The world of workers compensation is long, hard and confusing, but Emma and Rebecca at Garling & Co always treated my case with kindness, respect and understanding. No question was ever silly and... they always had time to make sure I knew what would happen next and how we could best prepare. I am so thankful for their expertise and could not have chosen anyone better to represent me.read more
Antonio P.
08:46 06 Nov 23
Thank you Matthew and his team for taking care of my case couldn’t ask for a better results and couldn’t have better team to do that thank you
Julie M.
00:40 06 Nov 23
Garlic & Co Lawyers have been wonderful, supporting me through some difficult times. With their assistance, positive outcomes were achieved. Many thanks to the Team.Julie

Bullying and Harassment FAQs

1. What is the difference between workplace bullying and harassment?

Workplace bullying involves repeated, unreasonable actions or behaviours towards another person, while workplace harassment involves unwelcome conduct that is based on a person’s protected characteristic.

2. What are the effects of workplace bullying and harassment?

Workplace bullying and harassment can lead to mental and physical health.

3. What are some common forms of workplace bullying?

Some common forms of workplace bullying include verbal abuse, exclusion, intimidation, and undermining.

4. How can employees cope with workplace bullying and harassment?

Employees who experience workplace bullying and harassment should speak up and report the behaviour to their employer or HR department. They can also seek support from friends, family, a GP or a counsellor.

5. What can employers do to prevent workplace bullying and harassment?

Employers can prevent workplace bullying and harassment by establishing clear policies, providing regular training and education, creating a supportive culture, and encouraging reporting. It is also important for employers to take swift and appropriate action when incidents of bullying and harassment are reported.

6. What do I do if injured at Work due to bullying and harassment?

Employees who sustain psychological injuries at work due to bullying and harassment can make a workers compensation claim. You need to consult your GP and obtain a Certificate of Capacity which sets out the injury and fitness for work, including what treatment may be required.

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