VIC Workcover claim for bullying against employer

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Elyse Gibbs

Member
12 May 2018
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0
1
Hello, I’m wondering what the dispute process is as I believe the accepted claim is unreasonable? Also, my insurer told me I’m liable to pay that employee’s wage until she finds another job. She’s 67yo. And I’m a small business owner (under 15 employees), having to pay this will cause the business to run at a loss. Can I terminate the role (with due process) before the claim is active, to avoid such liability?
 

Rod

Lawyer
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27 May 2014
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I'm unclear about whether the worker is claiming workcover due to an injury or is saying bullying is happening.

Why were talking to an insurer about paying wages?

Without a better description of your issue with the worker it is hard to say.

Terminating a worker before the claim is active is not likely to reduce your liability if an injury is caused by working for you. Else all employers would be sacking workers on the way to hospital.
 

Elyse Gibbs

Member
12 May 2018
2
0
1
Hello, it’s a claim for bullying. The insurer brought up wages, not us. Understood, I’m considering terminating employment with all my receptionists now that I know I have to get an employee’s written agreement before I can change their part-time roster!
 

Rod

Lawyer
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27 May 2014
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Suspect you need legal advice on rights of employees. Terminating employees because they have workplace rights may see you before the Fair Work Commission.

You need to work out what is best for your business and see a lawyer. Keep in mind moving to a casualised workplace has drawbacks. Good reliable employees prefer job security but if your business doesn't need good reliable employees by all means slowly convert to a casual workplace.

BTW is the older worker able to substantiate her bullying claims? Are they against you?