Workplace Bullying & Harassment Lawyers

Direct Partner Access
Flexible Fees
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Melbourne-Based
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Fast Turnaround Times

Our strengths in bullying and sexual harassment claims

We aim to provide every client with

a free telephone consultation
an honest appraisal of the merits of their case
cost effective outcomes
direct partners access
outstanding results

Bullying

A number of specific behaviours are unlawful in the workplace, including bullying, discrimination and sexual harassment. Other behaviours may be limited or defined by the employer such as excessive personal use of email and the internet during working hours or certain content on social media.

What is bullying at work?

Bullying at work occurs when:

a person or a group of people repeatedly behaves unreasonably towards a worker or a group of workers at work

AND

the behaviour creates a risk to health and safety.

Bullying does not include reasonable management action carried out in a reasonable manner.

Bullying behaviour may involve, for example, any of the following types of behaviour:

aggressive or intimidating conduct
belittling or humiliating comments
spreading malicious rumours
teasing, practical jokes or ‘initiation ceremonies’
exclusion from work-related events
unreasonable work expectations, including too much or too little work, or work below or beyond a worker’s skill level
displaying offensive material
pressure to behave in an inappropriate manner.

However, in order for it to be bullying the behaviour must be repeated and unreasonable and must create a risk to health and safety.

What is reasonable management action?

Reasonable management action carried out in a reasonable manner does not constitute bullying.

Reasonable management action may include:

performance management processes
disciplinary action for misconduct
informing a worker about unsatisfactory work performance or inappropriate work behaviour
asking a worker to perform reasonable duties in keeping with their job
maintaining reasonable workplace goals and standards.

However, these actions must be conducted in a reasonable manner. If they are not, they could still be bullying.

If you are an employer, we can advise you on appropriate policies for the above as well as health and safety policies or any relevant industry specific policies. We will also advise you on appropriate processes for dealing with complaints.

If you are an employee, we will explain your rights and obligations under the law and your employment agreement and help you make a complaint or defend yourself against a complaint that has been made against you.

Contact Us today on 1300 880 363 to arrange a consultation with one of our experienced lawyers.

Bullying And Sexual Harassment

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I have known Brett Samuel and Rosendorff Lawyers for over 18 months. Brett is a commercially astute lawyer who provides excellent service, quick turnaround, responsive and useful advice and above all understands that clients expect results not just legal gobbledygook.

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