QLD Workplace Bullying and Lying by Boss

[Leacy77]

I was recently approached by my boss and told that I may be fired on the grounds that every staff member has been approached and have admitted to being scared of me. No staff member has been approached. Is this legal under employment law?

 

[Sophea]

Hi Leacy77,

In Qld, workplace harassment is defined by reference to the Prevention of Workplace Harassment Code of Practice under the Work Health and Safety Act 2011 (Qld). It includes as examples of workplace harassment things like "repeated threats of dismissal and persistent unjustified criticism or complaints.

Obviously if your boss was ultimately to fire you based on fabricated information, then you may also have grounds for an unfair dismissal claim.

If you feel you are being subjected to workplace harassment you should check out your employer's policy for dealing with these types of situations. It will usually set out a procedure for making an internal complaint and steps to try to resolve the issue through mediation with the persons involved.

If you are unable to solve the problem internally, (assuming you are not employed in the public sector or local government), you may be eligible to apply to the Fair Work Commission for a decision on bullying issues or unfair dismissal. More information can be obtained here: https://www.fwc.gov.au/resolving-issues-disputes-and-dismissals/what-the-commission-does.

 

[WiserNow]

If you work HR department doesn't take action also look at Worksafe in your State where you can report bullying if this is what your boss is doing to you. There isn't generally any compensation for victims under this but at least if there is a case Worksafe will investigate the workplace.

Experienced this. Settled under Fair Work. Can be a choice of your job back or take a settlement which can be minimal and capped. Boss is still there with minimal having occurred to them & the "nuisance" of an employee has gone... Replaced by the next person.