Workplace bullying affects thousands of workers across the country. In fact, Australia ranked sixth highest for workplace bullying vs. 34 European countries in 2016, according to Safe Work Australia. It is no surprise that in 2017-2018, there were 2,280 claims related to harassment and/or bullying in the workplace. But here’s the good news: you don’t have to suffer in silence. In this article, we’ll explore the legal definition of workplace bullying, its impact on workers, your compensation rights, and the step-by-step process for making a claim in NSW.
What Really Counts as Workplace Bullying?
Let’s cut through the confusion. Workplace bullying happens when a person or a group repeatedly treats a worker unreasonably in a business covered by the Fair Work Act 2009 (Cth). This behaviour must create a risk to the worker’s health and safety.
Common bullying behaviours include:
- Getting publicly humiliated or belittled in meetings
- Facing impossible deadlines designed to set you up for failure
- Being excluded from important workplace communications
- Dealing with constant nitpicking and unreasonable criticism
- Experiencing aggressive or intimidating conduct
- Having vital information withheld from you
Even subtle actions can constitute bullying. That colleague who’s constantly spreading rumours about you? That’s bullying. The supervisor who keeps changing your roster to inconvenience you? That could be bullying too.
What is considered not bullying?
The Fair Work Act states that management action carried out in a reasonable way is not considered bullying.
Legitimate management actions, when conducted fairly and reasonably, are NOT workplace bullying. These include:
- Performance Reviews: Regular evaluations of work quality and meeting targets
- Constructive Feedback: Clear, respectful communication about areas for improvement
- Work Assignments: Fair distribution of tasks within role expectations
- Disciplinary Action: Following proper procedures for misconduct or poor performance
- Organisational Changes: Restructuring, role modifications, or staffing adjustments
- Workload Management: Setting reasonable deadlines and monitoring progress
Here are key factors that make management action “reasonable”:
- Actions follow documented policies and procedures
- Communication is professional and respectful
- Equal treatment across team members
- Clear explanation of expectations
- Opportunity for employee response
- Focus on work performance, not personal attributes
If you think you are being bullied at work but are unsure, get expert advice from our Parramatta Workers Compensation Lawyers and Cabramatta Workers Compensation Lawyers now.
The Hidden Toll: How Bullying Affects Your Health
Workplace bullying isn’t just uncomfortable—it can cause serious psychological injury.
Research shows that victims can experience:
- Mental Health Problems: Clinical anxiety, severe depression, and PTSD
- Sleep Issues: Chronic insomnia and sleep disturbances
- Physical Health Decline: High blood pressure, heart problems, and weakened immune system
- Lost Confidence: Shattered self-esteem and diminished belief in professional abilities
- Brain Fog: Trouble concentrating, memory issues, and difficulty making decisions
- Complete Exhaustion: Severe physical and emotional burnout
- Social Isolation: Withdrawal from both work relationships and personal connections
- Money Struggles: Financial hardship from reduced work capacity or forced job changes
- Family Problems: Strained relationships at home due to spillover stress effects
- Career Damage: Limited advancement opportunities and reduced long-term earning potential
These effects are not just felt by the individual. Nationally, the effects of workplace bullying cost the country $36 billion every year, according the University of South Australia.
Your Rights and Legal Protections
According to the Lloyd’s Register Foundation, 49% of Australians surveyed reported to have experienced workplace bullying at some point. With this prevalence, here’s something crucial every Australian worker should know: the law is on your side.
Under Work Health and Safety (WHS) laws, your employer has a legal duty to provide a safe workplace—and that includes protecting you from psychological hazards such as bullying.
If workplace bullying has caused you psychological injury, you may be entitled to compensation under workers compensation laws.
Taking Action: Your Step-by-Step Guide
Document Everything
Start keeping a detailed record of:
- Dates, times, and locations of incidents
- Names of witnesses
- Emails, messages, or other evidence
- How each incident made you feel
- Any impact on your health or work
Pro tip: Use your phone to take notes immediately after incidents while details are fresh in your mind.
Seek Medical Support
Visit your GP as soon as possible. This serves two crucial purposes:
- Getting necessary treatment for your health
- Creating official medical documentation for your claim
Report the Bullying
Follow your workplace’s reporting procedures. If you don’t feel safe reporting to your immediate supervisor, you can approach:
- Human Resources
- A more senior manager
- Your health and safety representative
- Your union representative
Understanding Your Compensation Options
Here’s where things get interesting. Many people don’t realise just how comprehensive workplace bullying compensation can be. You might be entitled to:
Workers Compensation
- Weekly payments for lost wages
- Medical expense coverage
- Return-to-work program support
- Treatment costs including therapy and medication
Permanent Impairment Claims
If your psychological injury is serious (15% or greater whole person impairment), you might qualify for:
- A substantial lump-sum payment
- Compensation for future earning loss
Work Injury Damages Claims
In cases where employer negligence can be proven, you might be eligible for additional compensation covering:
- Past lost wages
- Future economic losses
- Significant lump sum payments
The Claims Process
Remember, you don’t have to navigate this complex process alone. At Gajic Lawyers, we offer free initial consultations and a no win no fee no risk guarantee. Also, the Independent Review Office (IRO) often covers legal fees, meaning you can get expert help without out-of-pocket expenses.
Here are the key steps in making a claim:
- Consult an experienced Workers Compensation Lawyer, such as ours
- Obtain a Certificate of Capacity/Certificate of Fitness from your doctor
- Lodge your claim with your employer’s insurer
- Follow prescribed treatment and return-to-work programs
- Consider additional claims if applicable
Beyond Compensation: Long-term Solutions
While compensation is important, it’s not the only goal. Consider:
- Seeking psychological support through employee assistance programs
- Exploring career counseling or alternative employment options
- Joining support groups for bullying survivors
- Working with your employer on return-to-work plans
How we can help
We understand the significant emotional, physical, and social impact that workplace bullying can have on your life. That is why we are dedicated to providing expert support to secure the compensation you deserve. From the moment you decide to let us help, we will ensure:
- Immediate steps are taken to finalise your claim as quickly as possible
- You have direct access to a solicitor whenever needed
- You pay nothing towards the preparation of your claim
- You receive copies of all claim-related materials as your case progresses
- Every enquiry you have is answered promptly
- Your calls are always returned without delay
Final Thoughts
Workplace bullying is a serious issue, but you don’t have to navigate it alone. By taking action, seeking support, and understanding your rights, you can protect your well-being and secure the compensation you deserve. The road to justice starts with a single step—make yours today.
If you’ve experienced workplace bullying, don’t wait. Book a consultation today with one of our Workers Compensation Lawyers in Parramatta and Workers Compensation Lawyers Cabramatta now.
