Workplace Bullying Cairns

What is workplace bullying?

Workplace bullying (also referred to as workplace harassment) is defined as repeated and unreasonable behaviour, directed towards a worker or a group of workers, that creates a risk to health and safety.

Examples of workplace bullying behaviour include:

• abusive, insulting or offensive language/comments;
• aggressive and intimidating conduct;
• belittling or humiliating comments;
• victimisation;
• practical jokes or initiation/hazing;
• unjustified criticism or complaints;
• deliberately excluding someone from work-related activities;
• withholding information that is vital for effective work performance;
• setting unreasonable timelines or constantly changing deadlines;
• setting tasks that are unreasonably below or beyond a person’s skill level;
• denying access to information, supervision, consultation or resources to the detriment of the worker;
• spreading misinformation or malicious rumours; and/or
• changing work arrangements, such as rosters and leave, to deliberately inconvenience a particular worker or workers.

For legal advice and support on workplace bullying, speak to one of our lawyers today. 

What is vicarious liability?

In a workplace context, an employer can be held liable for the acts of its employees – this is known as vicarious liability. If an employee has been bullied at work, their employer may be required to pay them compensation.

Workplace Bullying Case Example

Bullying by a clothing store manager

In 2014, the Supreme Court of Queensland awarded an employee of Sussan’s Cairns Central Store compensation of more than $200,000.

The compensation was granted following the Court’s finding that the employee (an assistant manager) had been bullied by the store manager. The bullying occurred over a period of 11 days, and included unwarranted criticism and being excluded from matters of business management.

The court decided that the employer (Sussan Corporation) was liable for the store manager’s bullying behaviour, because the employer failed to provide the assistant manager with support, made no attempt to investigate a complaint made by the assistant manager, and did not comply with their own bullying and harassment policy.

Keegan v Sussan Corporation (Aust.) Pty Ltd [2014] QSC 64

What are my rights if I have been bullied at work?

If you have been bullied or harassed at work, we can provide you with advice on your options to resolve the matter.

Your options may include:

• lodging an internal complaint with your employer
• making an application to the Fair Work Commission or the Queensland Industrial Relations Commission for a stop-bullying order
• making a complaint to the Department of Workplace Health and Safety.

Our lawyers will review your situation and help you review your options – contact us today.

Workers compensation

If you have been injured at work as a result of being bullied, you may be able to lodge a workers compensation claim. Contact our workplace injury experts at Cairns Injury Lawyers for advice on your options and to help you to lodge a compensation claim.