Harassment & bullying
on behalf of the victim
Harassment & bullying
on behalf of the victim
Unfortunately harassment and bullying is a common occurrence particularly in schools, workplaces as well as online through social media. Whatever the nature of the harassment or bullying there are remedies available under the law.
ARE YOU ELIGIBLE TO MAKE A CLAIM?
There are many instances of conduct that would constitute harassment or bullying. Harassment is generally defined as behaviour that:
- You do not want;
- Offends, humiliates or intimidates you;
- Creates a hostile environment.
The Anti-Discrimination Board of New South Wales administers anti-harassment or bullying laws and handles complaints of such conduct under the Anti-Discrimination Act 1977. In New South Wales it is against the law to harass someone because of their:
- Marital or domestic status;
- Transgender status;
The law applies generally to the following situations:
- In employment – when you apply for a job, licence or registration to perform a job;
- When you get or try to get goods or services from shops, banks or other providers;
- When you apply to get into or are studying in any educational institution;
- When you rent accommodation;
- When you try to enter or join a registered club.
WHAT ARE YOU ABLE TO CLAIM?
You can make an application in Fair Work Commission for an order to stop the bullying. You may also have entitlements under the Workers Compensation Act for compensation as a result of the bullying and harassment you have encountered in your workplace.
WHAT IS YOUR
Should you wish to pursue, or discuss the next steps available for lodging a harassment and bullying claim than we encourage you to contact Brydens Lawyers. At the initial consultation we will explain to you the different avenues you can take either through the Fair Work Commission and/or by lodging an application for workers compensation entitlements.
WHY ARE BRYDENS LAWYERS THE RIGHT REPRESENTATION FOR YOU?
Brydens Lawyers pride themselves on investigating matters and reaching desired outcomes for clients. It is unfortunate that the Employment team here at Brydens Lawyers have represented many employees that have been bullied and harassed in the workplace. We will continue to provide empathetic, supportive and dedicated services to ensure our clients receive the best outcome available to them.
WHEN SHOULD YOU CONSULT A LAWYER ABOUT MAKING A CLAIM?
If you have made a claim with your employer about the bullying and harassment you are encountering in the workplace and they have not taken any action to stop it we recommend you contact us to discuss the matter.
WE DO EMPLOYMENT LAW WELL. HERE ARE SOME EXAMPLES:
1. A pregnant woman was bullied and harassed by her supervisor for taking too many sick days as a result of her morning sickness. We were able to lodge a claim against the employer for workers compensation entitlements and her claim was accepted.
2. A worker was being bullied and harassed by her supervisor. She had made complaints through HR however the bullying continued. We were able to lodge an application in the Fair Work Commission for an order to stop bullying. The employer then took the matter seriously and was able to ensure that our client did not have to work or communicate with that supervisor any longer.
3. A man had been spoken down to by his manager on a number of occasions, at times in front of others. This lead to him suffering depression and having no capacity to work. We were able to lodge a worker’s compensation claim against the employer for his loss of wages and medical expenses.
LATEST NEWS FROM LEE
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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