Workplace Bullying Compensation
Are You Entitled To Workplace Bullying Compensation In NSW?
Bullying in the workforce affects everyone, from interns to high management. To help those who have been victimised at their place of work, we have put together a guide which outlines the actions that those can take for the appropriate compensation. Call one of our no win, no fee lawyers in Sydney and Newcastle for more information.
It should go unsaid that everyone has the right to feel safe and secure at their place of work, no matter the environment. Unfortunately, there still exists prejudice and bullying which is common and often overlooked at workplaces throughout NSW.
Workplace Bullying In NSW
There are a number of ways bullying can infiltrate the workplace
Workplace bullying constitutes the following:
- When an employee or employer acts disrespectfully towards other workers. This behaviour includes acting in a way that is perceived as unreasonable or aggressive to those who are not provoking this kind of interaction.
- When the disrespectful behaviour of an employee or employer continues to repeat over a period of time. A single instance is not enough evidence to prove workplace bullying.
- When these employer’s or employees behaviour creates a feeling of vulnerability or poses a risk to the other workers health and safety.
What Are Some Examples Of Workplace Bullying in NSW?
What constitutes as workplace bullying?
Bullying in the workplace happens in many different ways, whether it be digitally or face to face interactions which lead to victims feeling unsafe. Examples of workplace bullying include, but are not limited to:
- Creating or spreading gossip about a fellow worker.
- Being aggressive in any way or intimidating a fellow worker.
- Purposely withholding information from another worker which prevents them to perform their tasks.
- Playing practical jokes in the workplace or taunting or hazing any fellow workers.
- Asking a worker to work beyond their means.
- Not including fellow workers in work events.
Workplace Situations That Are Not Considered Bullying In NSW
There are uncomfortable situations that are not considered grounds for a bullying compensation claim
While these events may not be the most pleasing, they are not considered workplace bullying and cannot be grounds for seeking compensation:
- Sexual Harassment or Discrimination:
These are unlawful acts and are not covered by workplace bullying as they are a much more serious offence. These events are covered by anti-discrimination laws as well as equal employment and human rights laws that are in place to protect people while they work. If you are the victim or sexual harassment or discrimination at work you should report it immediately.
- Reasonable Management Decisions
Whatever actions management take, as long as it is carried out in a lawful manner, it’s not considered workplace bullying. Examples of this include any negative feedback, criticisms or disciplinary actions taken based on valid reasons.
- Conflicts in the Workplace
Conflict is natural in any environment and there will always be disagreements between people, especially in the workplace. Unless the disagreements are continually escalating and creating a tense environment, with the risk on others health and safety, general conflicts aren’t considered a workplace bullying issue.
What Can You Do If Bullied At Work in NSW?
How to claim when you are the victim of workplace bullying
If you are a victim of workplace bullying, you should keep a record of each incident as they occur. When doing this, record the time and date as well as where the incident took place and of course who was involved and any witnesses that can back up your claims.
To have the best chance of finding a solution to workplace bullying, workers should try and resolve any issues at work through management. Once you have made your incident report a safety representative or human resource manager should follow up your claim and aim to find a resolution.
If you feel that your workplace management have not handled your claim of workplace bullying appropriately, you can take further action with the aid of a third party, including:
The Fair Work Commission
The fair work commission is an organisation set up to aid victims of workplace bullying and finding appropriate resolutions. By contacting the FWC, they can begin their external investigation in regards to your claims and look for further evidence. If they find that you are in fact a victim of workplace bullying, they can issue an order to stop the incidents by monitoring your workplace and order your employer to review their workplace safety policy. If the instances continue, court action may be taken.
Make a Compensation Claim
If you have suffered an injury due to a workplace bullying incident, you could consider making a workers compensation claim. In regards to injuries suffered due to workplace bullying, the most common is a psychological injury. You are required to prove that while you were employed at your workplace, the environment was the cause of your psychological injury. If you can prove this, you may receive compensation for any earnings you may have lost or medical bills you had to pay.
Make A Negligence Claim
Employers are required to provide all of their employees with an adequate duty of care. This means that they actively seek to take care of their employee’s safety and prevent the risk of workplace bullying. If an employee suffers psychological injuries while working for a negligent employer, they are eligible to make a negligence claim for loss of income and pain and suffering due to the absence of an appropriate duty of care.
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