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Home | Employment & Industrial Relations | Workplace Disputes | Harassment and Bullying

Are you experiencing harassment or bullying in the workplace?

Harassment and bullying can be huge problems in the workplace. Turner Freeman is able to assist employees deal with problems of harassment and bullying in the workplace.

The issue of workplace bullying and harassment is becoming increasingly commonplace as a key issue facing many employees and employers.

Get in touch with us

Call (08) 9325 0900 to speak with our employment law specialist Timothy Kucera in Western Australia or come and visit us. Our WA office is located in Perth CBD.

FAQ

What is bullying? What is harassment?

What is bullying? What is harassment?

Bullying and harassment are far more difficult to define than they are to understand when experienced.

Harassment is generally understood to include conduct that is unwelcomed and that humiliates, offends or intimidates. Bullying in the workplace, a form of harassment, includes conduct such as:

  • unfair or excessive criticism
  • treating some employees differently to other employees
  • publicly insulting the victims
  • constantly changing or setting unrealistic work targets
  • online or cyber-bullying
  • undervaluing employee’s efforts at work.

What are my options?

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.

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