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Harassment & bullying

on behalf of the employer

Harassment & bullying

on behalf of the employer

Unfortunately, harassment and bullying are a common occurrence particularly in workplaces and online through social media.

Whatever the nature of the harassment or bullying there are remedies available under the law.

WHY DO YOU NEED A EMPLOYMENT LAWYER FOR HARASSMENT ON BEHALF OF THE EMPLOYER?

As an employer, it’s important that you know your statutory requirements with respect to your employees.

Engaging an employment lawyer is a good tool in ensuring you are complying with all your statutory requirements as an employer and to avoid any breaches before they happen.

Anyone can face harassment or bullying within the workplace, regardless of their position in the hierarchy. It is essential to identify where an employee is facing harassment or bullying and to obtain legal advice in relation to any potential claims by employees.

WHAT WILL THE EMPLOYMENT LAWYER ORGANISE FOR YOU?

Having an Employment lawyer can assist in providing options where an employee has made a claim for workplace bullying or harassment.

At Brydens, we can assist in identifying potential bullying or harassment claims that may arise and the possible remedies for a breach or potential breach of Federal anti-bullying laws.

WHEN SHOULD YOU CONSULT A EMPLOYMENT LAWYER?

You may receive an application for an Order to stop bullying or harassment in the workplace.
If you have received an order to stop bullying or harassment in the workplace, it means:
1. Someone you employ believes they have experienced bullying behaviour at work.
2. They have applied to the Fair Work Commission for an order to stop the bullying.
3. No decision has been made.
4. You should carefully read the information that was sent to you with the application.
5. So that the Commission understands your point of view, you or your company need to respond to the application, using the correct form, within 7 days.
6. The person who is alleged to have engaged in bullying behaviour will also get a copy of the application and has the opportunity to respond to the application if they want to, using the correct form, within 7 days.
7. As each case is different, the Commission will decide the best way to deal with the application and will let you know when, where and how that will happen.
8. The Commission may try to help the parties resolve the problem together without ‘going to court’. If the matter cannot be resolved, or this is not considered appropriate, a formal hearing may be necessary.

WHAT ARE THE COSTS INVOLVED?

It is important to have an idea of the extent of costs which may be expended in such a case.

Costs in litigation can quickly escalate should the matter fail to resolve within a reasonable time. Parties, especially employers, are encouraged to enter into negotiations with employees with a view to settle in a manner satisfying to both parties.

WHY ARE BRYDENS LAWYERS THE RIGHT REPRESENTATION FOR YOU?

Brydens Lawyers assists employers by providing all reasonable options that are available to employers when they are faced with an allegation of bullying or harassment by a current or former employee.

It is important that you are properly represented where an allegation of bullying or harassment is made or substantiated.

WE DO EMPLOYMENT LAW WELL. HERE ARE SOME EXAMPLES:

We acted on behalf of an employer who had to counsel an employee who was bullying and harassing a colleague within their workplace. We assisted the employer in mediating between the two staff members and assisted their human resources department in relocating one staff member to another department. In this way, we limited the exposure of employer to liability under the Fair Work Act.

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Superannuation, as we know, is a legal obligation on the part of all employers to contribute a minimum percentage of each employee's earnings to a compliant superannuation fund or retirement savings account. Currently the superannuation guarantee contribution rate is 9.5% of a worker’s ordinary time earnings.This rate will increase by 0.5% on 1 July 2021. Further increments will apply annually up until 2025/26 when ultimately the superannuation guarantee rate will be set at 12%.

This of course is good news for all employees. It is however only good news if the superannuation guarantee rate is in fact paid by the employer.

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