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Workplace Bullying & Harassment Lawyers

An employer has a duty of care to ensure your workplace is safe and this includes being free from bullying and harassment from co-workers or supervisors.

Employers are required by law to have in place policy and procedures to deal with workplace bullying. If you believe you are the victim of bullying in the workplace, you should refer to these policies and procedures to see what steps you can take to report the issue.

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It is important to understand what you can do to minimise the negative impact and stop the bullying as soon as possible.

If your workplace does not have any policy or procedure in place to deal with workplace bullying, if you can, discuss your concerns with the human resources department or another co-worker or supervisor.

What Is Workplace Bullying?

Workplace bullying is defined by Fair Work Australia as follows –

A worker is bullied at work if –

  • A person or group of people repeatedly act unreasonably towards them or a group of workers
  • The behaviour creates a risk to health and safety.

Unreasonable behaviour includes victimising, humiliating, intimidating or threatening.  Whether a behaviour is unreasonable can depend on whether a reasonable person might see the behaviour as unreasonable in the circumstances.

Examples of bullying include –

  • Behaving aggressively
  • Teasing or practical jokes
  • Pressuring someone to behave inappropriately
  • Excluding someone from work-related events or
  • Unreasonable work demands

What Is Workplace Harassment?

Workplace harassment is a form of bullying and is any form of repeated offensive behaviour fuelled by sexual advances, racially provoked instances, or in relation to an employee’s disability. Examples of harassment provided by the Fair Work include:

  • Telling insult jokes about particular racial groups
  • Sending explicit or sexually suggestive emails or text messages.
  • Making derogatory comments or taunts about a person’s disability.

What Should I Do If I Am Being Bullied or Harassed At Work?

You should report the bullying behaviour to your employer if you feel safe to do so.

If you are a target of workplace bullying and harassment, you should make a note of the nature and type of the bullying behaviour and if there are witnesses, make a note of the names and contact details of those witnesses.

If you are struggling to cope with the hurtful behaviour, make sure you talk to friends and relatives and seek professional help from your doctor or a psychologist. Bullying in the workplace can lead to serious injury if not acted on early.

If you are not coping and need to take some time off work, you need to consult your general practitioner and obtain a WorkCover Certificate of Capacity which certifies you unfit for work. This certificate is handed to your employer and the workers compensation insurer is notified of a claim.

You may be referred for counselling with a psychologist for treatment.

If because of workplace bullying, you are unfit for work you may need to speak to an expert worker’s compensation lawyer to understand your right to compensation.

If your employer fails in their duty of care and consequently you sustain a psychological injury, you may be able to purse a claim in negligence against your employer, this is known as a work injury damages claim.

If you need assistance with your workplace bullying and harassment claim, please do not hesitate to contact our accredited lawyers as follows;

  1. Complete our FREE case assessment form HERE
  2. Email us at info@garlingandco.com.au
  3. Give us a call on (02) 8329 9500

Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk by phone and email. Please contact our experienced accredited specialist personal injury lawyers to find out how we can help.

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Anthony T.
00:50 16 Apr 24
Thank you Matthew and his team who guided me through the legal process, a truly positive experience with total professionalism.
Mikaele N.
03:01 15 Apr 24
Garling &Co Lawyers were awesome, I called every compensation law firm and was told that I couldn't claim for compensation.The whole experience and process was simple and stress free.Mr Matthew... Garling and Allison deserve an accolades for the very best in client service. I would highly recommend their service to anyone.read more
Tamara L.
02:10 15 Apr 24
I want to thank Garling & Co so much for all the help they have given me and helped with my claim. We got the win last week and it was the best news I have gotten considering how much my life has... been turned upside down the past 2 years. Emma and Rebecca have been incredible to work with and explained everything from the start even when I had hesitation to go ahead regarding how much everything would cost or how fair it could go or even if I had a chance, but they explained everything thoroughly, so I understood it all. Thank you for making this process seamlessly easy and helping me get the win it will make things a little easy for me that's for sure financial thank you for all your help I cannot recommend you and your services enough. Thank you again.read more
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05:01 11 Apr 24
Utter professionalism from first phone call to final settlement. It was a pleasure to be represented by a firm that actually cares for their clients. From office staff, to paralegal and solicitor... Rebecca, Emma and Matthew thank you for your support and expertise throughout my claim. No wonder your firm has won many awards. I'm extremely happy with my outcome and can confidently recommend your firm.read more
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01:09 09 Apr 24
Highly recommend Matthew & Allison at Garling and Co ! Quick response ! helpful every step of the way ! If you want the best compensation lawyer, Matthew @ Garling and co is the bestDoesn’t waste... time. Very informative ! excellent guidance! They get the job done ✅Website is perfect guide5 Star ⭐️ is not enoughI’m so grateful to Matthew, Allison and team for my outcome so far !Thank you 😊 Garling and co are awesome 👏 🤩read more
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06:11 02 Apr 24
Have had a rollercoaster ride with Garling and Co over the several years we have been battling the system that injured workers are faced with. The wheels of progress are slow within this system.... However Garling and co have always stood by me. Calls are returned and matters are always followed up in a timely manner.read more
Tyson Langanke (Five Star W.
00:30 02 Apr 24
I cannot recommend Matthew highly enough for anyone seeking a compensation lawyer. From the moment I reached out, Matthew went above and beyond to ensure that I felt supported and informed throughout... the entire process. No question was too simple for him, and he patiently took the time to explain every step we were taking, alleviating any stress or confusion I had.He not only provided expert legal guidance but also ensured that I fully understood the intricacies of my case. His clear communication made me feel confident and reassured during what could have been a daunting experience.Thanks to Matthew's exceptional expertise and personalized approach, I was able to navigate the complexities of my compensation claim with ease. His professionalism and genuine concern for my well-being truly set him apart.read more
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09:54 27 Mar 24
I recently had the pleasure of working with Garling and Co on my case, and I must say that their service was truly outstanding. From the initial consultation to the resolution of my case, they... displayed unwavering dedication and professionalism.The outcome of my case exceeded my expectations, and I am incredibly grateful for the hard work and diligence exhibited by Garling and Co. I have no hesitation in recommending this law firm to my family and friends, knowing that they will receive the same level of exceptional service.- Traceyread more
Simona M.
05:11 26 Mar 24
Emma and Rebecca have looked after my husband's workers compensation claim over the last 3 years now. We have had positive outcomes from these claims and are now pursuing a work injury damages claim.... They have been amazing to deal with. They are genuine and empathetic over what has been a very stressful time for myself and my family over these last 3 years. Nothing is ever too much for Emma and Rebecca and they are always available to communicate with. We would highly recommend Garling and Co! Thank you Emma and Rebecca.read more
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01:16 26 Mar 24
So very happy with the service Garling has provided the care and help has eased a lot of worry I had when going through this process . Many thanks to the entire team

Bullying and Harassment FAQs

1. What is the difference between workplace bullying and harassment?

Workplace bullying involves repeated, unreasonable actions or behaviours towards another person, while workplace harassment involves unwelcome conduct that is based on a person’s protected characteristic.

2. What are the effects of workplace bullying and harassment?

Workplace bullying and harassment can lead to mental and physical health.

3. What are some common forms of workplace bullying?

Some common forms of workplace bullying include verbal abuse, exclusion, intimidation, and undermining.

4. How can employees cope with workplace bullying and harassment?

Employees who experience workplace bullying and harassment should speak up and report the behaviour to their employer or HR department. They can also seek support from friends, family, a GP or a counsellor.

5. What can employers do to prevent workplace bullying and harassment?

Employers can prevent workplace bullying and harassment by establishing clear policies, providing regular training and education, creating a supportive culture, and encouraging reporting. It is also important for employers to take swift and appropriate action when incidents of bullying and harassment are reported.

6. What do I do if injured at Work due to bullying and harassment?

Employees who sustain psychological injuries at work due to bullying and harassment can make a workers compensation claim. You need to consult your GP and obtain a Certificate of Capacity which sets out the injury and fitness for work, including what treatment may be required.

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