NSW Possible to Sue for Workplace Bullying?

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Rob2285

Member
3 April 2019
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Is it possible to sue an individual within a government organisation for workplace bullying? I received individual legal advice that told me that there must be some reduction in my capacity to earn an income in order to sue this individual. Is this accurate advice?
 

Rod

Lawyer
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27 May 2014
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Not enough detail for certainty.

You can take the person and organisation to the Fair Work Commission for bullying which at best will issue a 'stop bullying order'. There may be other laws to consider such as discrimination and occ health and safety.
 

Paul Cott

Well-Known Member
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26 May 2014
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Ballarat, Victoria
Hi Rob,
Yes you can apply to the Fair Work Commission for an order to stop bullying. You don't get compensation out of that, if you succeed, but an order in the nature of an injunction against the employer that compels them to stop the bullying. You could also sue for damages in the form of compensation for financial loss and damage which is a different form of application altogether. You may need to get advice about that aspect. Good luck.
 

Rob2285

Member
3 April 2019
2
0
1
Not enough detail for certainty.

You can take the person and organisation to the Fair Work Commission for bullying which at best will issue a 'stop bullying order'. There may be other laws to consider such as discrimination and occ health and safety.
Thanky
Hi Rob,
Yes you can apply to the Fair Work Commission for an order to stop bullying. You don't get compensation out of that, if you succeed, but an order in the nature of an injunction against the employer that compels them to stop the bullying. You could also sue for damages in the form of compensation for financial loss and damage which is a different form of application altogether. You may need to get advice about that aspect. Good luck.
thanks Paul, that assists. I’m no longer in the workplace so a stop bullying injunction is unnecessary. I am simply looking at seeking compensation for what of a better phrase amounted to “pain and suffering.” There is no scope for this kind of civil action?
 

Paul Cott

Well-Known Member
LawTap Verified
26 May 2014
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789
Ballarat, Victoria
Thanky

thanks Paul, that assists. I’m no longer in the workplace so a stop bullying injunction is unnecessary. I am simply looking at seeking compensation for what of a better phrase amounted to “pain and suffering.” There is no scope for this kind of civil action?
Hi Rob, pain and suffering is generally not an available form of compensation, unless there is something in the contract that allows it - which would be rare.
 

Spag_Bol

Member
20 April 2019
4
0
1
Is it possible to sue an individual within a government organisation for workplace bullying? I received individual legal advice that told me that there must be some reduction in my capacity to earn an income in order to sue this individual. Is this accurate advice?
Without knowing the intricacies of your matter it is difficult to say.

Yes it is possible but there are certain criteria you have to meet.

It also depends on who you work for as to which jurisdiction you can pursue a claim.
 

Spag_Bol

Member
20 April 2019
4
0
1
Is it possible to sue an individual within a government organisation for workplace bullying? I received individual legal advice that told me that there must be some reduction in my capacity to earn an income in order to sue this individual. Is this accurate advice?
Unfortunately once you left you gave up some rights but you still may be able to sue due to constructive dismissal. There are strict time limits though.