Maintain a safe and productive workplace and respond to allegations swiftly and with confidence.
All workers should be able to attend their workplace without being bullied or harassed.
How We Help
Our Employment Lawyers assist both employers and employees in relation to workplace bullying and harassment complaints and stop order applications and regularly appear in the Fair Work Commission.
We understand that when complaints are made or questions about workplace bullying or harassment arise, time is usually of the essence.
If you need an answer fast, contact us today for a free initial case evaluation.
Employers’ Workplace Duties
Employers owe duties under the Work Health and Safety Act 2011 (NSW) to provide a safe workplace for employees. Duties under WHS Laws include a duty of diligence that requires company directors and managers to proactively manage work health and safety risks including risk of bullying and sexual harassment.
Employers also owe a common law a duty of care to workers for their health and wellbeing whilst attending the workplace.
A worker is bullied at work if a person or group of people repeatedly act unreasonably towards them, or a group of workers, and the behaviour creates a risk to health and safety.
Examples of workplace bullying include:
- Behaving aggressively,
- Unwanted or unsolicited messages outside the workplace,
- Teasing and practical jokes,
- Pressuring someone to behave inappropriately,
- Exclusion from work-related events or functions, and
- Unreasonable workplace demands.
Sexual harassment involves unwelcome sexual advances, unwelcome requests for sexual favours or other unwelcome conduct of a sexual nature in relation to another person.
Sexual harassment is also a form of serious misconduct and can be justification for summary dismissal of any employee without notice.