What can I do?
People who are being harassed and bullied potentially have a number of different remedies available to them.
If the bullying and harassment is due, in whole or in part, to their race, sex, age (or another prohibited ground), they may have good grounds for a workers compensation claim alleging discrimination.
Similarly, if the bullying and harassment is because they sought to exercise a workplace right (potentially including making a complaint about workplace bullying and harassment) then they may have a claim for adverse action.
People who are bullied and harassed may also have the capacity to make a complaint under workplace policies, their contract of employment or the Fair Work Act.
Finally, bullying and harassment creates workplace health and safety issues, and increases the potential for injuries to occur. As such, it is contrary to the Occupational Health & Safety Act, and exposes the employer to penalties under that Act. However, workers have no individual right to bring a claim for breach of the Occupational Health & Safety Act.
Dealing with workplace bullying and harassment can often be difficult. It is important to obtain good independent legal advice as to the best way to deal with workplace disputes.