Bullying and harassment

Some common questions about workplace discrimination, bullying and harassment:

No. It is only discrimination if there is an actual adverse action, like firing you or demoting you, and the reason for the action is based on a protected attribute (characteristic). Bullying and harassment may or may not be based on a personal characteristic like race or gender. It is repeated behaviour that causes you harm.

No. You can lodge an application yourself with the Fair Work Commission. The advantage of having a lawyer is that they will be able to advise you about whether your claim is valid, explain what you can reasonably expect to achieve, support you through the claim process, and ensure that you have all the evidence that you need to support your claim and ultimately get the greatest result.

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News

Stupidity not necessarily a sackable offence, says Fair Work Commission
02 Feb
We all know not to make jokes about bombs when we go through the airport. Nothing could ...
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Employing backpackers – be a fair employer and stay on the right side of the law
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Everyone loves a bargain and backpackers are seen as an endless source of cheap labour. ...
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Work Christmas parties – setting boundaries of behaviour and staying out of trouble
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The circumstances in which you can sack a worker for terrible behaviour at a Christmas ...
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Maternity leave, paternity leave, partner leave, adoption leave and employee’s right to return to the same position
11 Nov
“Parental leave entitlements” is a broad term covering maternity leave, paternity ...
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What questions is it legal for employers to ask job applicants during an interview?
27 Sep
The process of looking for a new worker to fill a vacancy is a source of anxiety for many ...
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Discrimination against employees and job seekers who have a mental illness – legislation vs. reality
22 Sep
It is illegal for employers to discriminate against workers or job seekers on the basis of...
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Can you sack a worker for getting a tattoo?
31 Aug
Employers can ban employees from having visible tattoosEmployers are entitled to ...
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But I don’t want to wear high heels to work
18 Jul
A young woman arrived at work on her first day as a temp receptionist all bright and ...
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Unpaid Work – How Far Can It Go?
20 Apr
 Expecting jobseekers to work for extended periods for no pay while doing internships...
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Mental Health And Workplace Law
24 Feb
It’s against workplace laws to discriminate against people with a mental illness, ...
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Workplace Laws Also Apply In Pubs Around World
20 Jan
Let’s say you’re a corporate executive travelling overseas and after a ...
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Breakthrough In Hitting Back Against Online Harassment
06 Jan
Many people feel powerless against harassment and abuse directed at them online through ...
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