Workplace bullying and harassment are serious issues that can have a profound impact on employees’ mental health, productivity, and overall workplace harmony. For individuals facing such circumstances, understanding your rights and taking proactive steps to address the issue is vital. At Shore Lawyers, we are committed to assisting individuals in identifying and combating unlawful workplace behaviour, ensuring their rights are protected.
What Constitutes Workplace Bullying and Harassment?
Bullying and harassment in the workplace involve unwelcome and unreasonable behaviour that creates a risk to health and safety. This can include:
- Verbal abuse: Insults, derogatory remarks, or shouting.
- Exclusion: Deliberately isolating someone from workplace activities.
- Intimidation: Threatening behaviour or actions designed to instil fear.
- Unreasonable work demands: Setting impossible deadlines or workloads.
- Cyberbullying: Harassment through email, social media, or other online platforms.
It is important to note that one-off incidents, while concerning, may not meet the legal definition of bullying. However, repeated and persistent actions that humiliate, degrade, or harm an individual are considered unlawful.
Legal Protections Against Workplace Bullying and Harassment in Australia
Under Australian law, workplace bullying and harassment are governed by various acts and regulations, including:
- Fair Work Act 2009
- Provides a framework to address bullying complaints.
- Employees can apply to the Fair Work Commission (FWC) for orders to stop the bullying.
- Work Health and Safety (WHS) Laws
- Employers have a duty of care to provide a safe working environment.
- Failure to address bullying may result in legal action.
- Anti-Discrimination Laws
- Harassment based on race, gender, age, disability, or other protected characteristics is unlawful under these laws.
- State-Specific Legislation
- Certain states may have additional laws or processes to address workplace bullying and harassment.
Steps to Take if You Are Experiencing Workplace Bullying
If you believe you are a victim of workplace bullying or harassment, consider the following steps:
- Document the Incidents
- Keep a detailed record of each incident, including dates, times, witnesses, and the nature of the behaviour.
- Review Your Workplace Policies
- Familiarise yourself with your employer’s anti-bullying policies and procedures.
- Report the Behaviour
- Address the issue internally by reporting the behaviour to your HR department or a supervisor.
- Seek External Assistance
- If internal efforts fail, you may lodge a complaint with the Fair Work Commission or relevant state authorities.
- Consult Legal Advice
- Engage experienced legal professionals, like Shore Lawyers, to guide you through your options and ensure your rights are upheld.
How Shore Lawyers Can Help
At Shore Lawyers, we specialise in workplace law and are dedicated to protecting employees from unlawful behaviour. Our services include:
- Advisory Services: Providing comprehensive legal advice tailored to your situation.
- Representation: Assisting you in lodging complaints with the Fair Work Commission or other authorities.
- Negotiation: Mediating between you and your employer to resolve conflicts.
- Litigation: Representing you in court if legal action becomes necessary.
We understand the emotional toll workplace bullying can take, and we are here to ensure you are supported every step of the way.
Combating Workplace Bullying Together
Workplace bullying and harassment can create a toxic environment that affects everyone involved. By recognising unlawful behaviour and taking decisive action, you can protect your well-being and foster a healthier workplace for all.
If you or someone you know is experiencing workplace bullying, contact Shore Lawyers today. Together, we can help you navigate the complexities of workplace law and ensure justice is served.
