Bullying and harassment

  • Overview & Examples
  • What You Need To Know
  • Client Reviews
  • Specialising Lawyers
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Overview

Bullying and harassment

Unfortunately, bullying and harassment are common occurrences, particularly in workplaces. Whatever the nature of the harassment or bullying, there are remedies available under the Fair Work Act 2009. Brydens Lawyers can assist you in correctly and fairly handling bullying and harassment cases.

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What You Need To Know

Why Do You Need An 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 under Australia’s anti-discrimination law and theFair Work Act 2009. This is why engaging an employment lawyer is a smart and proactive business move. By hiring an employment law expert, they can help to ensure you are complying with all your statutory requirements as an employer, including those related to workplace health and safety, and that you can avoid any breaches before they happen.

Experiencing workplace bullying or harassment, whether this is in the office, online, or at work-related events, can be a highly upsetting situation for an employee. In some cases, it can affect their mental health and wellbeing. Initiatives like an employee assistance program can provide support in these situations, offering confidential counselling services.

However, even when an employer has done everything they can to prevent such things from happening, harassment and bullying can still occur within the workplace. Anyone can experience workplace bullying or witness workplace bullying, 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. The size of compensation claims can be significant when the applicant shows that the employer was vicariously liable.


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 to maintain a stable workforce, prevent reputational damage and limit the size of any claims.

At Brydens Lawyers, we have experience working with both employers and employees when claims of workplace bullying and harassment have arisen. Our experience, skills and comprehensive knowledge of the law make us the ideal partner to help you if your business becomes involved in a bullying and harassment claim.


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.

The area of employment law comprehensively covers many different areas under the Fair Work Act 2009 and anti-discrimination law. New amendments and updates also mean that keeping up to date with the most recent laws can be difficult for those who do not directly interact with the legal system regularly.

Bullying and harassment can take many different forms—such as an unwelcome sexual advance from a colleague, unreasonable behaviour from an employee’s supervisor, or other unwelcome conduct. At Brydens, we can assist in identifying potential bullying or harassment claims that may arise. We can also advise on the possible remedies for a breach or potential breach of occupational health and safety legislation, ensuring that workplace health is maintained through the active involvement of a health and safety representative and support from employee assistance programs.


What Are The Costs Involved?

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

Costs in litigation can quickly escalate should the matter fail to resolve within a reasonable time. Both parties are encouraged to enter into negotiations with a view to settle in a manner satisfying to each side. This is where an employment lawyer can assist you. If you are an employer, we can provide legal advice and guidance that seeks to have the matter resolved as quickly as possible for you. The sooner the matter is resolved, the less damage is done to staff morale, the business reputation, and your bottom line.

The cost to hire an employment lawyer will vary depending on the nature of the case. At Brydens Lawyers, we pride ourselves on our fair and transparent legal fees. If you’re in need of legal counsel regarding harassment or bullying in the workplace, contact Brydens for a quote today.


When Should You Consult An Employment Lawyer?

If you receive an anti-bullying application from the Fair Work Commission or were notified by the complainant, then you should reach out to Brydens Lawyers for advice as soon as possible.

Claims of bullying behaviour or sexual harassment in the workplace are extremely serious. Even if the behaviour has been ongoing, and an employee has taken a long time to report bullying, you should seek legal advice as soon as you are made aware of the issue.

To ensure the best outcome for your business, contact Brydens Lawyers today to discuss your case in detail.

Testimonials

Omar Khan of Brydens Lawyers resolved everything quickly and looked out for my interests every step of the way. I’m very satisfied with how things played out and will definitely be contacting them if I need help again.

Paul M, a client of our Commercial division

I cannot say enough of my lawyers Omar- he listened and gave simple answers so I could understand. Most importantly, he showed empathy when I was distressed.

Lisa O, a client of our Commercial division

Our Experience

Successful Employment Law Cases

Client matter:

We acted on behalf of an employer and shared advice on a situation where a manager was alleged to have bullied his colleague within their workplace.

The outcome:

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 prevented a workers' compensation claim and an anti-bullying claim from being lodged.

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