Legal Assistance for Workplace Bullying

Research indicates that as many as one in two people will experience workplace bullying at some time during their working lives.  With the issue on the rise, more and more businesses and employees are seeking professional help and assistance in dealing with the issue.

Our employment lawyers are often called upon to assist businesses resolve issues relating to bullying in the workplace.  We also advice individual workers, employees and professionals to advise and advocate on their behalf in where they may feel they will benefit from expert assistance.

Whatever the circumstances, our lawyers draw on their strong advocacy experience in protecting the interests of our clients during the process. In every case, we tailor our approach to the circumstances of the specific situation and workplace. If you want to get advice about a workplace bullying issue you are facing, contact Anderson Fredericks Turner.

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Brisbane Employment Lawyers
Beenleigh Employment Lawyers
Sunshine Coast Employment Lawyers
Toowoomba Employment Lawyers
Townsville Employment Lawyers

A POINT OF DIFFERENCE

Courtroom Expertise

Anderson Fredericks Turner has some of the few practising solicitors in Queensland who have been accredited as barristers and worked in that role for a number of years before operating a law firm.

Andrew Anderson and Kerri Fredericks both formerly worked as Senior Crown Prosecutors, meaning they have significant litigation experience in courtrooms and contested hearings.

If you want lawyers who are not still trying to find their feet, we have the courtroom expertise to afford you the best representation for your legal dispute.

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Free Case Assessment – Call 1300 AFT LEGAL

Contact our firm today for free case assessment about the workplace bullying issue you face. We have the experience to assist you.

If you engage us to provide you advice and representation, our experienced employment lawyers will assist you every step of the way. We:

  • assist you to understand your rights and advance your interests.

  • advise you of your options when dealing with issues of workplace bullying, including the legal action you make take with respect to any allegations.

  • draft and file documents critical to defending any claims you make or be required to defend.

  • work to resolve the issue in your interests with minimal conflict.

Failure to exercise certain rights, or acting on the wrong advice, can fundamentally affect the rights or entitlements of all parties dealing with workplace bullying allegations. Contact us today for advice and representation.

WHY CHOOSE US

Courtroom Expertise

Anderson Fredericks Turner has some of the few practising solicitors in Queensland who have been accredited as barristers and worked in that role for a number of years before operating a law firm.

Andrew Anderson and Kerri Fredericks both formerly worked as Senior Crown Prosecutors, meaning they have significant litigation experience in courtrooms and contested hearings.

If you want lawyers who are not still trying to find their feet, we have the courtroom expertise to afford you the best representation for your legal dispute.

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Call Us Today

Book Your Consultation

Contact our firm today for an initial consultation about your legal dispute. We have the skills and experience to assist you.

If you engage us to represent you, our civil litigation lawyers will assist you ever step of the way. We:

  • assist you to understand your rights and advance your claim.

  • inform you of your legal responsibilities, including critical time limitation periods.

  • obtain information that supports the credibility or reliability of any claim made.

  • seek an early resolution to your legal dispute, including through alternative dispute resolution processes.

Failure to exercise certain rights, or acting on the wrong advice, can fundamentally affect the rights or entitlements of litigants. Contact us today for advice and representation.

To book a consultation with one of our employment lawyers Call Now: 1300 AFT LEGAL (1300 238 534)

What is ‘Workplace Bullying’?

In Australia, workplace bullying is behaviour by a person in a workplace which is repeated and unreasonable toward a worker or group of workers that creates a risk to health and safety.

There is no criteria for the number of episodes needed for the behaviour to be repeated.  The behaviour does not need to be exactly the same each time to be considered bullying.  The focus is on the behaviour itself.  Any ‘repeated behaviour’ speaks to the persistent nature of the behaviour.

While acts of discrimination or sexual harassment in the workplace may, by their very nature, be thought of ‘workplace bullying’, certain claims or actions may be taken over a single act of discrimination or sexual harassment.  Certain workplace bullying can also be a criminal offence, which should be reported directly to the police.

The concept of direct bullying behaviour itself is not defined, however of direct bullying may include:

  • subjecting a person to aggressive and intimidating behaviour;
  • belittling, degrading or humiliating a person
  • Making inappropriate comments including commenting on a person’s physical appearance, lifestyle choices or family members;
  • victimising a person unfairly because they made a complaint;
  • spreading misinformation or malicious rumours;
  • Behaviour directed at a person subjecting them to abusive, insulting or offensive language;
  • Yelling or screaming or criticising a person;
  • openly displaying offensive material that intentionally embarrasses or humiliates a person (for example pornographic material);
  • teasing or regularly making someone the target of pranks;
  • interfering with a person’s property or work equipment, e.g. hiding or defacing someone’s property; and
  • pressuring someone to behave in an inappropriate manner.

More subtle or indirect behaviours, if frequently repeated over an extended period, may also amount to bullying. This is known as indirect bullying.

Sometimes indirect bullying presents itself in the form of upwards bullying.  Upwards bullying occurs when an employee or a group of employees pursue a campaign of bullying against their manager or supervisor. The bully is likely to be oppositional towards authority, which means they oppose the views, aims or wishes of authority figures on principle.

This type of bullying is difficult for managers to deal with because the perpetrators may in fact try to disguise themselves as the victims.

In circumstances where this kind of upwards bullying arises it is important that managers and business owners closely adhere to their own policies and procedures in dealing with the issue swiftly.

Lawyers Profiles
Funding Options
Employment Law - Disciplinary Proceedings
AFT Legal Office Locations

What isn’t ‘Workplace Bullying’?

What ‘workplace bullying’ is not is isolated instances of unreasonable behaviour, conflicting opinions, or behaviour that may be classified as ‘reasonable management action’. It will not be workplace bullying if the reasonable management action:

  • is in connection with the employment;

  • is undertaken in a lawful and reasonable way; and

  • takes into account the relevant circumstances.

Even if single incidents of unreasonable behaviour may not constitute workplace bullying, it shouldn’t necessarily be ignored as they may become repeated or escalate. Getting advice about how to handle an issue in the workplace and whether it may or become or already constitute workplace bullying may assist you to understand your options and how best to exercise your rights. Contact Anderson Fredericks Turner today if you seek advice about your situation.

What is ‘Workplace Bullying’?

In Australia, workplace bullying is behaviour by a person in a workplace which is repeated and unreasonable toward a worker or group of workers that creates a risk to health and safety.

There is no criteria for the number of episodes needed for the behaviour to be repeated.  The behaviour does not need to be exactly the same each time to be considered bullying.  The focus is on the behaviour itself.  Any ‘repeated behaviour’ speaks to the persistent nature of the behaviour.

While acts of discrimination or sexual harassment in the workplace may, by their very nature, be thought of ‘workplace bullying’, certain claims or actions may be taken over a single act of discrimination or sexual harassment.  Certain workplace bullying can also be a criminal offence, which should be reported directly to the police.

The concept of direct bullying behaviour itself is not defined, however of direct bullying may include:

  • subjecting a person to aggressive and intimidating behaviour;
  • belittling, degrading or humiliating a person
  • Making inappropriate comments including commenting on a person’s physical appearance, lifestyle choices or family members;
  • victimising a person unfairly because they made a complaint;
  • spreading misinformation or malicious rumours;
  • Behaviour directed at a person subjecting them to abusive, insulting or offensive language;
  • Yelling or screaming or criticising a person;
  • openly displaying offensive material that intentionally embarrasses or humiliates a person (for example pornographic material);
  • teasing or regularly making someone the target of pranks;
  • interfering with a person’s property or work equipment, e.g. hiding or defacing someone’s property; and
  • pressuring someone to behave in an inappropriate manner.

More subtle or indirect behaviours, if frequently repeated over an extended period, may also amount to bullying. This is known as indirect bullying.

Sometimes indirect bullying presents itself in the form of upwards bullying.  Upwards bullying occurs when an employee or a group of employees pursue a campaign of bullying against their manager or supervisor. The bully is likely to be oppositional towards authority, which means they oppose the views, aims or wishes of authority figures on principle.

This type of bullying is difficult for managers to deal with because the perpetrators may in fact try to disguise themselves as the victims.

In circumstances where this kind of upwards bullying arises it is important that managers and business owners closely adhere to their own policies and procedures in dealing with the issue swiftly.

What isn’t ‘Workplace Bullying’?

What ‘workplace bullying’ is not is isolated instances of unreasonable behaviour, conflicting opinions, or behaviour that may be classified as ‘reasonable management action’. It will not be workplace bullying if the reasonable management action:

  • is in connection with the employment;

  • is undertaken in a lawful and reasonable way; and

  • takes into account the relevant circumstances.

Even if single incidents of unreasonable behaviour may not constitute workplace bullying, it shouldn’t necessarily be ignored as they may become repeated or escalate. Getting advice about how to handle an issue in the workplace and whether it may or become or already constitute workplace bullying may assist you to understand your options and how best to exercise your rights. Contact Anderson Fredericks Turner today if you seek advice about your situation.

Issues Related to Workplace Bullying

Employment Law - Sexual Harassment

Sexual Harrassment

Sexual harassment is any unwelcome sexual attention. It may occur in any context and does not need to be repeated or ongoing to be against the law. Prohibitions on sexual harassment are found in the Sex Discrimination Act 1984 (Cth) and the Anti-Discrimination Act 1991 (Qld). Certain sexual harassment may also constitute a criminal offence, which should be reported directly to the police.

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Discrimination

In Queensland, discrimination is prohibited under the Anti-Discrimination Act 1991 (Qld). In workplaces, discrimination may also have remedies through the Australian Human Rights Commission or under the Fair Work Act 2009 (Cth). Anderson Fredericks Turner can assist you if you are facing an issue involving discrimination in the workplace. Contact our lawyers today.

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Issues Related to Workplace Bullying

Employment Law - Sexual Harassment

Sexual harassment is any unwelcome sexual attention. It may occur in any context and does not need to be repeated or ongoing to be against the law. Prohibitions on sexual harassment are found in the Sex Discrimination Act 1984 (Cth) and the Anti-Discrimination Act 1991 (Qld). Certain sexual harassment may also constitute a criminal offence, which should be reported directly to the police.

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Call Us Today
Employment Law - Discrimination

In Queensland, discrimination is prohibited under the Anti-Discrimination Act 1991 (Qld). In workplaces, discrimination may also have remedies through the Australian Human Rights Commission or under the Fair Work Act 2009 (Cth). Anderson Fredericks Turner can assist you if you are facing an issue involving discrimination in the workplace. Contact our lawyers today.

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Dealing with Workplace Bullying Allegations

Workplace Bullying - Making a workplace complaint

Making a Complaint of Workplace Bullying

There are both Queensland and Commonwealth laws that protect individuals against discrimination in the workplace. Anderson Fredericks Turner can assist individuals seeking to make a discrimination complaint arising from the workplace. Our experienced employment lawyers can assist you to identify your legal options, as well as the different way your rights may be enforced through different claims.

Workplace Bullying - Responding to False Complaints

It can be difficult to know how to respond to accusations or allegations of workplace bullying. Anderson Fredericks Turner can assist individuals and businesses to deal with workplace bullying accusations. Where bullying allegations are unfair or unwarranted, our experienced employment lawyers can work with you and defend your rights, interests and reputation. Contact us today.

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Workplace Bullying - Workplace Investigations

In circumstances where allegations are made of workplace bullying, or there is a suspicion workplace bullying is happening, an employer may have an investigation – whether internally or externally – undertaken to resolve the issue. Anderson Fredericks Turner can provide advice and representation to individuals faced with a workplace investigation.

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Workplace Bullying - Disciplinary Action

Where a person is accused of workplace bullying, they may face disciplinary action or even criminal charges over the issue. Depending on the nature of the allegations, getting early advice from experienced employment lawyers or criminal lawyers can preserve your rights, interests and reputation. Anderson Fredericks Turner can provide you advice and representation at every stage.

Read more

Dealing with Workplace Bullying Allegations

Workplace Bullying - Making a workplace complaint

There are both Queensland and Commonwealth laws that protect individuals against discrimination in the workplace. Anderson Fredericks Turner can assist individuals seeking to make a discrimination complaint arising from the workplace. Our experienced employment lawyers can assist you to identify your legal options, as well as the different way your rights may be enforced through different claims.

Call Us Today
Workplace Bullying - Responding to False Complaints

It can be difficult to know how to respond to accusations or allegations of workplace bullying. Anderson Fredericks Turner can assist individuals and businesses to deal with workplace bullying accusations. Where bullying allegations are unfair or unwarranted, our experienced employment lawyers can work with you and defend your rights, interests and reputation. Contact us today.

Read More About False Complaints
 
Call Our Lawyers
Workplace Bullying - Workplace Investigations

In circumstances where allegations are made of workplace bullying, or there is a suspicion workplace bullying is happening, an employer may have an investigation – whether internally or externally – undertaken to resolve the issue. Anderson Fredericks Turner can provide advice and representation to individuals faced with a workplace investigation.

Read More About Workplace Investigations
 
Call Our Lawyers
Disciplinary Action After a Workplace Investigation

Where a person is accused of workplace bullying, they may face disciplinary action or even criminal charges over the issue. Depending on the nature of the allegations, getting early advice from experienced employment lawyers or criminal lawyers can preserve your rights, interests and reputation. Anderson Fredericks Turner can provide you advice and representation at every stage.

Read More About Disciplinary Action
 
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