Workplace bullying can have a devastating impact on an employee’s mental health, job performance and overall wellbeing.
It is essential to know your rights and the legal protections available to you if you find yourself in a hostile work environment.
The Fair Work Act 2009 (Cth) and the Work Health and Safety Act 2011 (Qld) provide protections for employees facing bullying in the workplace. Understanding these protections is the first step in ensuring that you can take action if necessary.
What is Workplace Bullying?
Under section 789FD of the Fair Work Act 2009 (Cth), workplace bullying occurs when an individual or group repeatedly behaves unreasonably towards an employee, creating a risk to their health and safety. This behaviour can include:
- Verbal abuse or harassment.
- Social exclusion or isolation.
- Intimidation or threats.
- Undermining a person’s work performance.
Legal Protections Against Workplace Bullying
Employees in Queensland are protected from workplace bullying under both federal and state legislation. The Fair Work Act 2009 (Cth) allows employees to apply to the Fair Work Commission for a stop-bullying order if they feel that they are being bullied at work.
The Work Health and Safety Act 2011 (Qld) also obliges employers to provide a safe work environment. Failing to address workplace bullying can result in legal action against the employer, as bullying creates a risk to health and safety.
Action
If you believe you are being bullied at work, there are several steps you can take to protect yourself:
- Document the Bullying
Keep a detailed record of the incidents, including dates, times and any witnesses.
- Report the Bullying
Raise the issue with your employer or HR department as soon as possible. Many workplaces have formal grievance procedures in place to address these issues.
- Seek External Help
If internal procedures do not resolve the issue, consider applying for a stop-bullying order with the Fair Work Commission under section 789FC of the Fair Work Act 2009 (Cth).
- Legal Advice
Consulting with an employment lawyer can help you understand your options and rights.
Cases
Keegan v Sussan Corporation (Aust) Pty Ltd [2014] QSC 64
- This Queensland Supreme Court case that dealt with an employee’s claim for compensation due to workplace bullying and psychological injury. In this case, the plaintiff, Ms Keegan, alleged that she suffered psychiatric injury due to bullying and harassment by her supervisor at Sussan Corporation. She claimed that the bullying was ongoing and that the employer failed to address her complaints, which ultimately led to her developing a psychological condition.
The court found in favour of Ms Keegan, ruling that the employer had breached its duty of care by not intervening to stop the bullying, despite being aware of the situation. The judge awarded Ms Keegan compensation for the psychological harm caused by the workplace environment. This case highlighted the employer’s responsibility to protect employees from psychological harm and to take action when bullying is reported. The decision emphasises the importance of employers addressing complaints of bullying promptly and ensuring a safe work environment.
Seeking Advice
If you are facing workplace bullying, Fox Piper can provide the legal assistance you need. We offer expert advice on how to handle bullying at work, ensuring that your rights are protected under the Fair Work Act 2009 (Cth).
Our employment lawyers can assist with internal complaints processes, stop-bullying order applications and legal actions under health and safety laws. Contact us today to discuss how we can help.
Conclusion
Workplace bullying is a serious issue and employees need to understand their rights and the legal protections available to them. By taking action and seeking advice, you can protect yourself from bullying and ensure a safer, more positive work environment. If you believe you are being bullied at work, consider seeking legal advice to explore your options.
