Workplace Bullying:

Workplace bullying can be the source of tremendous pressure on an employee and should never be tolerated. Bullying in the workplace can have severe health effects on the victim and also significant adverse consequences on the business itself. For this reason, employers should consider it one of their main responsibilities to ensure that their employees do not suffer any form of bullying, harassment or discrimination. Victimisation, whether done face-to-face or through other means such as online communication or leaving written notes, spreading rumours or otherwise treating a person poorly for some illegitimate reason, can take many forms. These forms of bullying can be characterised as harassment on the following grounds:

• Religious belief;
• Political conviction;
• Ethnicity;
• Gender;
• Race;
• Disability;
• Lifestyle choice;
• Personal affectation.

Statutory provisions exist to prohibit bullying, and the common law also provides a host of legal principals which outline what bullying is and the liability of employers in certain situations. Under the doctrines of vicarious liability, an employer who is not directly involved in bullying himself or herself may nevertheless be found responsible to the harm such bullying causes. Policies should therefore exist to ensure that the working environment is free from harassment and vilification.

A workplace bullying solicitor can assist in the drafting and execution of such policies and these can even be consolidated into the broader context of Occupational Health and Safety policies (now referred to as Workplace Health & Safety Polices). For more information on these, please see our “Occupational Health and Safety Policy” section. Nevertheless, a workplace bullying lawyer will be able to take instruction from a client and review all evidence in preparation of a claim against the employer. Conversely, an employment bullying litigator will also be able to assess the particulars of a claim against an employer in preparation of a defence, should one be available.  

If you require assistance with a workplace bullying matter, you may wish to contact our firm and make an appointment to see one of our solicitors. Arrange an appointment by calling (02) 9233 4048 or send an email to info@navado.com.au.

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.