Workplace Harassment

Workplace Harassment

Toxic and bullying Workplaces 10 ways to stop it

toxic-and-bullying-workplaces-don't-be-forced-to-resign
You should be entitled to grow, not put down by the employer., I deliberately put a photo of a female and a baby, you should feel this safe at work. That’s the point I want to make.

Anti-bullying and anti-discrimination laws

Toxic and bullying workplaces can be experienced in many forms and can ruin a great job. A toxic workplace includes conduct that is severe and pervasive enough that a reasonable person would consider the workplace intimidating, hostile or abusive. It can include acts of assault, intimidation and ridicule. In turn which can be categorized as physical or emotional harassment.

These forms of harassment are protected and governed under anti-bullying and anti-discrimination laws. Which act to ensure a workplace that is free from toxic behaviour. Toxic behaviour in a workplace environment against the law when it falls under the definition of bullying. Alternatively when a person is treated less favorably on the basis of certain personal characteristics, constituting discrimination.

Examples of Toxic Behaviour

Toxic behaviour is unlawful when it falls within the definition of workplace bullying. Workplace bullying occurs when an individual or a group of individuals repeatedly behaves unreasonably towards a worker. Or a group of workers of which the worker is a member, at work and that behaviour creates a risk to health and safety.

In Amie Mac v Bank of Queensland Limited and Others. The Fair Work Commission indicated that some of the features which might be expected to be found in a course of repeated unreasonable behaviour constituting bullying at work were

intimidation, coercion, threats, humiliation, shouting, sarcasm, victimisation, terrorizing, singling-out, malicious pranks, physical abuse, verbal abuse, emotional abuse, belittling, bad faith, harassment, conspiracy to harm, ganging-up, isolation, freezing-out, ostracism, innuendo, rumour-mongering, disrespect, mobbing, mocking, victim-blaming and discrimination”.

Vice President Hatcher

These examples on their own or in combination would indicate a toxic workplace environment.

Toxic and bullying workplaces, Is it a risk to health and safety?

In regards to establishing a risk to health and safety for the test of workplace bullying. Proof of actual harm to health and safety is not necessary provided that a risk to health and safety created by toxic workplace behaviour is demonstrated. Thus, the bullying behaviour must create the risk to health and safety through a casual link.

Reasonable management action will not constitute bullying.

However, conduct that is reasonable management action will not constitute bullying. An employee will need to demonstrate that the action is not reasonable management action that is conducted in a reasonable manner. The question of whether the management action was carried out in a reasonable manner is a question of fact and the test is an objective one.

It considers what action is taken. The facts and circumstances giving rise to the requirement for action. The way in which the action impacts upon the worker and the circumstances in which the action was implemented and any other relevant matters. This means that even though the reasonable management action may appear to be toxic. Tt may not always constitute workplace bullying under the statutory definition.

Everybody-wants-to-be-treated-fairly-not-dismissed
Everybody wants to be treated with respect, given a fair go.

Making a Complaint about Toxic Workplace Behaviour

If you feel that you work in a toxic workplace environment, there are a number of things you can do. Firstly, you can tell the employees involved to stop with their conduct that is causing a toxic workplace environment. Sometimes, this is enough to make the toxic behaviour stop and for the employee to realize. That their actions are creating a threat to your health and safety.  

If you have told the employee to stop, but the toxic workplace behaviour continues. Report the toxic workplace behaviour to Company management. Complaining to the boss may seem daunting and you may be in fear of adverse action. However most employers will be willing to help and rectify the toxic workplace once they are aware. If an employee is uncomfortable by the toxic workplace conduct of other employees or their superiors, they have the right to speak up and put an end to the toxic behaviour.

If bullied the employee can lodge a Form F72

Should this fail and the Company has not taken any steps to address or fix the toxic workplace. The employee can seek assistance by lodging a claim to an external body such as the FWC and fight for their rights. If an employee is still employed by an employer and wishes to make an application in regards to the toxic workplace, the employee can lodge a Form F72. Application for an order to stop bullying.

This application seeks a preventative remedy, not remedial, punitive or compensatory. If appropriate, the Fair Work Commission will schedule a mediation session for the parties involved to try to help them resolve the case.

Benefits of mediation

One of the benefits of mediation is that the outcomes that can be reached can be tailored, depending on the parties’ situation. This means that the parties can seek to resolve a case in any way they consider will assist them to resume a constructive and cooperative relationship. If there is no agreement the case will progress to a formal conference or hearing before a Commission Member. This will enable the application to be determined and a binding decision or order be made.

A binding decision or order will require a worker/s or the employer to stop the bullying behaviour and remedy the toxic workplace environment. The worker/s may be ordered to comply with the employer policies, to be separated, transferred, have rosters changed. For the employer or principal to monitor the behaviour or their work participants. For training or counselling to be offered to the worker and to be taken up by the worker. The employer may be ordered to review and improve their bullying policies and complaint handling policies or for behaviour to cease outside of work.

toxic-and-bullying-workplaces,-violence-is-never-acceptable
This is wrong, violence in the workplace can be a crime. Surprisingly it still happens. It can be common place in some workplaces. Years ago we issued a unfair dismissal claim against a brick factory. Workers sorted out their issues by throwing bricks at each other. These days are supposed to be gone. But are they?

Non-Dismissal Disputes

If an employee is still employed and has complained about the toxic workplace environment to no avail. Or have since been subject to adverse treatment, the employee can lodge an F8C Application – General Protections Application Not Involving Dismissal.

The employee will need to demonstrate that the employer has subjected an employee to a form of adverse action (not including termination). And they believe this action was done because they have exercised a workplace right by complaining. About sexual harassment or discrimination in the workplace. If the employee has been terminated, they can lodge an F8 Application – General Protections Application Involving Dismissal.

Adverse actions can include as prejudicing the employee or injuring the employee in his or her employment. The employee can argue that the Company’s inaction constitutes adverse action as they are refusing or failing to remedy and address the complaint.

Once a complaint is lodged, with the Fair work Commission

Once a complaint is lodged The Commission will only hold a private conference to deal with the dispute if both parties agree to attend. If one of the parties to a non-dismissal dispute does not agree to participate in a conference. Or if the dispute remains unresolved after the conference. The employee can choose to make an application to the Federal Court or the Federal Circuit Court to deal with the matter. During a conference, a Commission Member will work with those involved to reach an agreed resolution to the dispute. The Commission Member may make a recommendation or express an opinion during the conference. however cannot make a binding final decision or an order.

The employee can seek specific remedies as to what they would like to occur in order to resume a constructive and cooperative employment relationship. If the employee believes the relationship is beyond repair and they no longer want to be employed. The employee can see an exit package, by way of resignation, to terminate the employment relationship.

Pain and suffering compensation

If the employee can demonstrate pain and suffering as a result of the harassment suffered, the employee may seek compensation in the form of general damages. You must have medical evidence to support this. The paid and suffering must be in the course of your employment. If you want assistant or guidance in lodging your application against your employer, please give us a call on 1800 333 666. For a free and confidential consultation.

toxic-and-bullying-workplaces-forced-to-resign
Being forced to resign, subjected to a toxic workplace

Dismissal Disputes

If an employer has terminated an employee and they believe this action was done because they have complained about discrimination or sexual harassment. Or because they possess a protected attribute, the employee has 21 calendar days after the termination took effect, to lodge an application in the Fair Work Commission. Once an application is lodged. The Fair Work Commission will set the matter down for a conciliation conference. The same procedure is followed as in non-dismissal disputes.

If you want assistant or guidance in lodging your application against your employer. Please give us a call on 1800 333 666 for a free and confidential consultation.

help-is-here-bullied?-dismissed?-call us-today
Be protected from toxic and bullying workplaces, read our blogs, give us a call, its free.

Toxic and bullying Workplaces

I hope you you found “Toxic and bullying Workplaces, 10 ways to stop it” off some help. Its not easy out there, we know that, we are here to help. Companies are living organism’s, along with the complexity of workplaces and living. It feeds into a toxic life that needs to be avoided. AWNA are leaders in workplace commentary, advice and research. All Fairwork Australia matters, including redundancy, general protection claims, dismissal and probation issues, whatever call us now. We work in all states including Victoria, NSW, QLD

Another article on toxic workplaces that may be informative to you, click here

Another resource on toxic workplace culture that may be helpful to you, click here

Bullying by the mean girls, click here

Types of workplace harassment, click here

Dismissed for not agreeing to a performance improvement plan click here

What is considered sick leave abuse

What-is-considered-sick-leave-abuse
You have to take care of yourself. sick? Injured? Your entitled to the time to get better, to recover.. If you have accrued sick leave your entitled to be paid for it Don’t be harassed into returning early to work. You have rights, please read on.

What is considered sick leave abuse

What is considered sick leave abuse has become a real issue in the last few months. Of course employers are never happy when you take sick leave, they never have been. They think you have to be committed like they are, which is seven days a week of course. However with the current issues of employees being off on sick leave due to enforced isolation through the COVID-19 rule and enforcement. Having COVID-19 itself and the mental effects of isolation and stress caused by two years of the pandemic and heading into year three. The calls to us have tripled regarding the way employees have been unfair treated and abused regarding absenteeism and sick leave related issues.

Uncaring employees taking advantage of you

Abuse of sick leave refers to employees who, over a period of time, have “gamed” the employers attendance policy. Exploitation of sick leave policy may range from employees not calling in or not showing up for their shifts, exhausting their available leave every month, and requesting extra time off when well.

Every time there is extra work to be done, knowing its going to be a busy day tomorrow, surprisingly employees are then sick, this places an extra burden on existing staff to carry the extra work. Also in these days of austerity, company’s do not have any spare labor and it falls to existing staff to do the work. Doctors certificates, particularly around the issues of mental health, bullying are more common than 20 years ago.

All-employees-have-rights,-its-how-you-excise-them-is-the-key.-Don't-be-dismissed
All employees have rights, its how you excise them is the key. Don’t be dismissed

Schemes and abuse by employers

This occurs obviously when the employee in the view of the employer is gaming, lying, taking advantage of the the employer, the following are examples.

  1. Insist on doctors certificates every time the employee is away, even for part days to attend appointments.
  2. The employer insist they accompany the employee to the doctor’s, want to meeting with the doctor to discus the illness or injury.
  3. Want to conduct their own assessment in the workplace regarding your injury and ability to perform your duties.
  4. Employers want to get their doctors to examine you, they want access to your medical records.
  5. Constantly tell you your not injured, your just lazy, just get over it, its all in your head, your letting the team down, your not loyal to the company
  6. Encourages co workers to bully you, say there’s nothing wrong with you, we are stuck with doing your work while your away, probably have a good time or rest.
  7. Start giving you menial tasks, stripping away your substantive role, setting triggers to make you resign.
  8. Isolate you from others, indicate to you there is no future, no promotion, we don’t know why your still here.

How Employers react to employees taking sick leave

The list is not exhaustive, but given the amount of calls and emails we receive, daily, weekly, its got some sameness about it, as to how some employers react to sick leave. There are allot of good employers out there who clearly go to exhaustive lengths, far exceeding any legal obligations. Our world at A Whole New Approach is the bad employers where its all about them, staff are numbers, its profits that matter. Dismissals are common. This is despite the evidence showing if you allow a workforce to be healthy, to recover, to get fit, who have EAP (Employee assistance programs) in place, productivity will increase.

Thankfully, programs to increase the wellbeing of workers have been found to provide significant returns. The Australian Government states that for every dollar invested in the health of workers, on average $5.81 for will be returned in savings.

 Eoghan Mackenna exercise physiologist and director of occupational health specialists, Logic Health,

Sick leave abuse, where to from here

Absenteeism and poor performance are without a doubt two of the most challenging employment management issues that employers struggle with on a continuous basis. Employers become despondent about the impact on productivity and service levels, and increasingly frustrated with employees who are unreliable and cannot be trusted to deliver. Looking for a quick fix when reaching the point where frustration levels become intolerable, is not the answer.   

Judith Griessel Labour Law Specialist, Legal Consultant and Accredited Mediator

You can see from the above statement the appalling stance employers are taking and their advisors are stating. So you can see now why employees Google “what is considered sick leave abuse”. Researching sick leave abuse employers are advised by their representatives to:

A) Look for the lies the employees are giving for the reasons for being ill.

B) Look for the patterns of the days employees are off.

C) Closely monitor the employee.

D) Consider mentioning to the employee that your thinking about hiring a replacement

E) Longer term ill or injured employees considering terminating them.

F) Document missing days

G) Monitor the employees social media, see that their doing after hours

H) Closely examine the medical certificates, have been tampered with, dates changes, different doctors used.

Some employers don’t have a caring bone in their body

Its not just the employers advice, its the tenor of the advice, not a caring bone in the employers body. A employee dismissal is the answer to every problem. Why not find out what’s really wrong before commencing these bullying, heavy handed actions. Is there anything wrong with finding out that the employee of 20 years service? Who may have cancer, heart complaints, their partner has dementia and need care or be taken to appointment. Is the workplace culture that toxic that nobody can take 10 minutes out of their day and find out what’s wrong. Understand the status of the employee.

Equally though employees have to give a bit, participate, give the employer required feedback, many employee indicate its their right not to inform the employer what’s wrong with them. That its a matter of privacy, they worry what colleagues will think (I see this particularly around mental health issues) There’s that old saying “sometimes you have to give a little bit, to get allot”. Yes employees have rights, but avoiding that dismissal is important as well. It can be a fine balance regarding privacy issues.

Medical-certificate,-Dismissed-for-not-having-one
Medical-certificate,-Dismissed-for-not-having-one

If you get abused, you can lodge what’s referred to as a general protections F8C application. In turn the issues go before a member of the Fair work Commission to sort out in the first instance. If your terminated or sacked you can lodge a unlawful dismissal claim F8. or a unfair dismissal claim F2. Be there are strict timelines around lodgments. You welcome to call us and get advice on these processes. Being injured or illness is tough enough without the tactics and carrying on of the employer. Do not suffer in silence, you do have rights.

Conclusion

“what is considered sick leave abuse”, I hope you have found the article informative. We are A Whole New Approach, workplace representatives and advisors. We are at the cutting edge of commentary (look at the blogs, we have written). Fair work Commission decision analysis and debate. Any thing to do with the Fair work Australia, the workplace, we are here for you. Unfair dismissal, general protections, workplace investigations, workers rights, employment rights, probation issues. We work in all states, Victoria, NSW, QLD, SA, Tas, WA, NT

Call us for free, prompt, honest advice 1800 333 666

Sick leave, a workplace guide, click here

Medical certificate dismissed for not having one, click here

Working from home (on sick leave), click here

Extended absence from work, when can you be dismissed, click here

Types of Workplace Harassment

Types-of-Workplace-Harassment

Types of Workplace Harassment

Types of Workplace harassment can take many forms and can ruin a great job, turning a workplace environment toxic and unproductive. Harassment is conduct that is severe and pervasive enough that a reasonable person would consider the workplace intimidating, hostile or abusive. It can include acts of assault, intimidation and ridicule.

In the context of employment, harassment can be categorised as physical or emotional harassment. These forms of harassment are protected and governed under anti-bullying and anti-discrimination laws. Harassment is against the law when it falls under the definition of bullying or when a person is treated less favourably on the basis of certain personal characteristics, constituting discrimination.

If you want to fight for your job and discuss options for combating workplace harassment, we can help!

Workplace Harassment – Emotional Harassment

Physical harassment refers to physical abuse such as sexual assault or violence on the body while emotional abuse refers to imposing stress and bullying. These forms of harassment overlap with bullying, sexual harassment and discrimination.

Emotional harassment is often unnoticeable and gets less attention in the workplace than physical harassment. Emotional harassment can be defined as hostile verbal and nonverbal behaviors that are not explicitly tied to sexual or discriminatory tendencies, yet they are directed at manipulating and degrading an employee. The most common form of emotional harassment in the workplace is bullying.

Types-of-Workplace-Harassment
Keep records of incidents

Emotional Harassment – Bullying

Are you experiencing bullying in the workplace and want it to stop so you can keep your job? Workplace bullying occurs when an individual or a group of individuals repeatedly behaves unreasonably towards a worker. Or a group of workers of which the worker is a member, at work and that behaviour creates a risk to health and safety.

In Amie Mac v Bank of Queensland Limited and Others,[1] the Fair work Commission indicated that some of the features which might be expected to be found in a course of repeated unreasonable behaviour constituting bullying at work were “intimidation, coercion, threats, humiliation, shouting, sarcasm, victimisation, terrorizing, singling-out, malicious pranks, physical abuse, verbal abuse, emotional abuse, belittling, bad faith, harassment, conspiracy to harm, ganging-up, isolation, freezing-out, ostracism, innuendo, rumor-mongering, disrespect, mobbing, mocking, victim-blaming and discrimination”.

In regards to establishing a risk to health and safety for the test of workplace bullying. Proof of actual harm to health and safety is not necessary provided that a risk to health and safety created by bullying behaviour is demonstrated. Thus, the bullying behaviour must create the risk to health and safety through a casual link.

Conduct that is reasonable

However, conduct that is reasonable management action will not constitute bullying. Thus, the employee will need to demonstrate that the action is not reasonable management action that is conducted in a reasonable manner. The question of whether the management action was carried out in a reasonable manner is a question of fact and the test is an objective one.

It considers what action is taken. The facts and circumstances giving rise to the requirement for action. The way in which the action impacts upon the worker and the circumstances in which the action was implemented and any other relevant matters.

Emotional Harassment – Discrimination and Sexual Harassment

Workplace harassment in the context of discrimination and sexual harassment can be against the law when a person is treated less favorably on the basis of certain personal characteristics, such as race, sex, pregnancy, marital status, breastfeeding, age, disability, sexual orientation, gender identity or intersex status. These are protected attributes and harassment on this basis constitutes discrimination.

Discrimination and sexual harassment are generally forms of emotional harassment. Once an employee begins physically intimidating a fellow employee through sexual assault or acts of violence on the body, this falls under physical harassment (as discussed below) and may become a criminal matter.

Harassment in the context of discrimination can include behaviour such as:

  • telling insulting jokes about particular groups that possess these protected attributes
  • displaying content, such as posters, which is offensive content to groups that possess these protected attributes
  • making derogatory comments or taunts about someone protected attribute

Sexual harassment constitutes sex discrimination (Birch v Wesco Electrics (1966) Pty Ltd (2012) 218 IR 67 [81]; Aldridge v Booth (1988) ALR 1 [16]-[17]), as the employee has been treated less favorably than colleagues of the opposite sex in being sexually harassed.

The-company-should-have-policies.-Put-your-complaints-in-writing.
The company should have policies. Put your complaints in writing, keep a copy for future reference.

Sexual harassment

This is a broad term, including many types of unwelcome verbal and physical sexual attention. Sexual assault specifically refers to sexual contact or behaviour, often physical, that occurs without the consent of the victim. Sexual harassment generally violates civil anti-discrimination laws. You have a right to work or learn without being harassed.—In many cases is not a criminal act, while sexual assault usually refers to acts that are criminal.

Harassment in the context of sexual harassment and sex discrimination can include behaviour such as:

  • sending explicit or sexually suggestive emails or text messages
  • displaying pornographic posters or screen savers
  • asking intrusive questions about someone’s personal life, including his or her sex life.
  • unwelcome touching, hugging or kissing;
  • staring or leering;
  • sexually suggestive comments or jokes;
  • unwanted invitations to go out on dates or requests for sex;
  • behaviour which would also be an offence under the criminal law. Such as physical assault, indecent exposure, sexual assault, stalking or obscene communications.

A one-off incident can constitute harassment. All incidents of harassment require employers or managers to respond quickly and appropriately.

If you want to discuss the harassment you have been subjected to and what you can do about it, please give us a call on 1800 333 666 for a free and confidential discussion.

Workplace Harassment – Physical Harassment

Physical harassment in the workplace takes many forms, such as workplace violence and sexual assault. Workplace violence is defined as physical threats and assaults targeted at employees, which includes:

  • physical assault such as biting, scratching, hitting, kicking, pushing, grabbing,
  • throwing objects
  • intentionally coughing or spitting on someone
  • harassment or aggressive behaviour that creates a fear of violence, such as stalking, , verbal threats and abuse, yelling and swearing
  • hazing or initiation practices for new or young workers, and
  • violence from a family or domestic relationship when this occurs at the workplace. Including if the person’s workplace is their home.
Harassment-and-bullying-can-be-in-the form-of-isolation.
Harassment and bullying can be in the form of isolation, exclusion, treated differently

Sexual assault and workplace violence

Aforementioned, sexual assault specifically refers to sexual contact or behaviour. Often physical, that occurs without the consent of the victim and may constitute criminal behaviour. Some forms of sexual assault include:

  • Penetration of the victim’s body, also known as rape
  • Attempted rape
  • Forcing a victim to perform sexual acts, such as oral sex or penetration of the perpetrator’s body
  • Fondling or unwanted sexual touching.

If an employee has been subject to workplace violence or sexual assault, they are encouraged to report this to their employer but are not precluded from reporting this to the police also. If an employee has been subjected to emotional harassment in the form of bullying or general sexual harassment and discrimination, they may lodge a complaint in the context of their employment and under civil laws, as discussed below. (workers compensation may be an option).

Making a Complaint about Bullying

If you feel that you have been bullied in your workplace, there are a number of things you can do. Firstly, you can tell the employee who is bullying you to stop and that you are uncomfortable. Sometimes, this is enough to make the harassment stop and for the employee to realise their actions are creating a threat to your health and safety.  

If you have told the employee to stop, but the behaviour continues, report the behaviour to Company management. Complaining to the boss may seem daunting and you may be in fear of adverse action. However most employers will be willing to help and rectify the situation once they are aware. If an employee is uncomfortable by bullying and harassment conduct of other employees or their superiors, they have the right to speak up and put an end to the bullying.

Should this fail and the Company has not taken any steps to address or rectify the bullying behaviour. The employee can seek assistance by lodging a claim to an external body such as the Fair Work Commission and fight for their rights. If an employee is still employed by an employer and wishes to make an application in regards to workplace bullying, the employee can lodge a Form F72 – Application for an order to stop bullying. This application seeks a preventative remedy, not remedial, punitive or compensatory. If appropriate, the Fair Work Commission will schedule a mediation session for the parties involved to try to help them resolve the case.

Benefits of mediation (sorting it out)

One of the benefits of mediation is that the outcomes that can be reached can be tailored, depending on the parties’ situation. This means that the parties can seek to resolve a case in any way they consider will assist them to resume a constructive and cooperative relationship. If there is no agreement the case will progress to a formal conference or hearing before a Commission Member. This will enable the application to be determined and a binding decision or order be made.

A binding decision or order will require a worker/s or the employer to stop the bullying behaviour. The worker/s may be ordered to comply with the employer policies. To be separated, transferred, have rosters changed. For the employer or principal to monitor the behaviour or their work participants. For training or counselling to be offered to the worker and to be taken up by the worker. The employer may be ordered to review and improve their bullying policies and complaint handling policies or for behaviour to cease outside of work.

If you want to fight for your job and stop the bullying, we can help! Please call us on 1800 333 666 and we can assist you in fighting back against your employer.

Making a Complaint about Discrimination and Sexual Harassment

If you feel that you have been discriminated against. Sexually harassed in your workplace, there are a number of things you can do. Firstly, you can tell the employee who is discriminating against you or sexually harassing you to stop. Sometimes, this is enough to make the harassment stop and for the employee to realize their actions are unwelcome.

If you have told the employee to stop, but the behaviour continues, report the behaviour to Company management. If the Company fails to address the discrimination and sexual harassment, the employee can escalate their complaint to an appropriate body.

In the Fair Work Commission, the employee can lodge a number of claims, depending on their circumstances.

Non-Dismissal Disputes

If an employee is still employed and has complained about the discrimination or sexual harassment to no avail, the employee can lodge an F8C Application.

The employee will need to demonstrate that the employer has subjected an employee to a form of adverse action (not termination). further they believe this action was done because they have exercised a workplace right by complaining about sexual harassment or discrimination in the workplace. Adverse actions can include as prejudicing the employee or injuring the employee in his or her employment. The employee can argue that the Company’s inaction constitutes adverse action as they are refusing or failing to remedy and address the complaint.

Once a complaint is lodged, the Fair work Commission will only hold a private conference to deal with the dispute if both parties agree to attend. If one of the parties to a non-dismissal dispute does not agree to participate in a conference, or if the dispute remains unresolved after the conference, the employee can choose to make an application to the Federal Court or the Federal Circuit Court to deal with the matter.

During a conference, a Commission Member will work with those involved to reach an agreed resolution to the dispute. The Commission Member may make a recommendation or express an opinion during the conference, but cannot make a binding final decision or an order.

Don't-be-stood-on-walked-over-don't- suffer-in-silence.
Don’t be stood on, walked over, don’t suffer in silence.

Remedies and compensation

The employee can seek specific remedies as to what they would like to occur in order to resume a constructive and cooperative employment relationship. If the employee believes the relationship is beyond repair. Further they no longer want to be employed, the employee can see an exit package, by way of resignation, to terminate the employment relationship. Providing the employee can demonstrate pain and suffering as a result of the harassment suffered. The employee may seek compensation in the form of general damages. If you want assistant or guidance in lodging your application against your employer,

Please give us a call on 1800 333 666 for a free and confidential consultation.

Dismissal Disputes

If an employer has terminated an employee and they believe this action was done because they have complained about discrimination or sexual harassment. Or because they possess a protected attribute, the employee has 21 calendar days after the termination took effect, to lodge an application in the Fair work Commission. Once an application is lodged, the Fair Work Commission will set the matter down for a conciliation conference. The same procedure is followed as in non-dismissal disputes.

If you want assistant or guidance in lodging your application against your employer. Please give us a call on 1800 333 666 for a free and confidential consultation. We are in your corner, none should suffer in silence, stand up for yourself, your family, the community.

Types of Workplace Harassment

We are A Whole New Approach P/l, we are not lawyers. Noted as the nations leading workplace advisors, any issues with unfair dismissals, general protections, in fact anything to do with the workplace, give us a call. abandonment of employment, forced to resign, adverse action, we do it all

We work in all states, Victoria, NSW, QLD, SA, WA, Tas, NT

Bullying by the mean girls, click here

Bullying when working from home, click here

Toxic and bullying workplaces, click here


[1] [2015] FWC 774.

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