Can you sue your employer for bullying and harassment?
Special damages are awarded in a successful bullying and harassment claim for the following: Your loss of earnings The loss of any future earnings
Can a employer be held responsible for bullying?
Employers must by law make sure that you are protected from this type of behaviour when you are in their employment and if they fail to do so, they could be held responsible even if the bullying and harassment was done by a work colleague.
Can a company be held responsible for employee harassment?
This is referred to in law as “vicarious” liability. It is worth noting that you cannot hold an employer responsible if a customer or workers/staff from other companies harass you in the workplace, although your employer does have a duty to ensure that you are protected from discrimination should they be aware of the situation.
What to do if you see someone being bullied at work?
If you know or see someone being bullied you can go to the Supportive Bystander FactSheet to find out how to help them. What is workplace bullying? Workplace bullying is verbal, physical, social or psychological abuse by your employer (or manager), another person or group of people at work.
Is it illegal to bully an employee in the workplace?
Employees may be afraid to speak up against a workplace bully, especially if the bully is a manager. And employees who do complain are often surprised to learn that bullying isn’t necessarily illegal.
Is it illegal for an employer to harass an employee?
Some counties have ordinances regarding smaller employers. The employer can’t harass or retaliate against employees for taking domestic violence leave. The employer can’t harass an employee who objects to or refuses to participate in illegal activity of the employer (not just a co-worker, but something the company does).
What should an employer do if an employee complains about harassment?
They should clearly communicate to employees that unwelcome harassing conduct will not be tolerated. They can do this by establishing an effective complaint or grievance process, providing anti-harassment training to their managers and employees, and taking immediate and appropriate action when an employee complains.
Where to make a complaint about workplace bullying?
If the situation in not urgent you can call 131 444 for all states and territories except for Victoria where you will need to visit your local police station. Making a complaint about workplace bullying to the Australian Human Rights Commission