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NSW Employment Law - What Can I Do About Workplace Bullying?

Discussion in 'Employment Law Forum' started by Deb2113, 27 October 2015.

  1. Deb2113

    Deb2113 Member

    27 October 2015
    Likes Received:
    What can I do under Employment Law if I have been a victim of workplace bullying? I confirmed with workcover, then after returning to work, the bullying still continues even after lodging a formal complaint, "re bullying told to accept vol redundancy or be given forced redundancy".

    Please help. I have 35 years of a clean work record and I'm now stressed to the max
  2. Sophea

    Sophea Guest

    Hi Deb2113,

    Check out this article on Workplace Bullying and what constitutes workplace bullying. If that is your issue then you should take up the matter with 1. your employer (if they don't have sufficient policies in place to deal with it) - then go to 2. your industry union or the Fair Work Commission or going back to WorkCover NSW.

    However often cases of forced redundancy (where it is not a case of genuine redundancy) can constitute unfair dismissal. A dismissal is not a genuine redundancy if the employer:
    • still needs the employee’s job to be done by someone (eg. hires someone else to do the job)
    • has not followed relevant requirements to consult with employees about the redundancy under an award or registered agreement or
    • could have reasonably, in the circumstances, given the employee another job within the employer’s business or an associated entity.
    You can make an application to the Fair Work Commission 21 days after you lose your job if you feel your dismissal was for a harsh, unjust or unreasonable reason.

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