The Problems People Bring to Us
Bullying and harassment wear people down, and they often call us only when they cannot face going to work any more. The patterns we see are:
- Bullying by a manager: belittling, yelling, micromanagement, being singled out or excluded, often after you raised a concern.
- Bullying tied to a health issue, where a manager's conduct worsens after an injury, illness or request for adjustments.
- Sexual harassment by a colleague or a more senior person: comments, messages, unwanted advances or touching.
- Being punished for complaining: after you report bullying or harassment, you find yourself the subject of a performance process or disciplinary action.
- An employer that did nothing: a complaint to HR that went nowhere.
How We Help, Stage by Stage
First Discussion
We listen, in confidence, and help you work out what you want: for the conduct to stop so you can stay, or to leave on fair terms. We identify which options are open to you, including a stop bullying or stop sexual harassment application to the Fair Work Commission, a sexual harassment dispute under the Fair Work Act 2009 (Cth), a complaint to the Australian Human Rights Commission or the WA Equal Opportunity Commission, a general protections claim if you were punished for complaining, and, in the WA state system, the WAIRC's stop bullying and stop sexual harassment jurisdictions.
What you get: a clear map of your options, in confidence.
Reviewing Your Documents
We go through your notes, messages, emails, complaints and the employer's responses, and any medical evidence.
What you get: an honest view of what the evidence shows and what would strengthen it.
Advice on Your Options
We explain what each path can achieve. A stop bullying order is aimed at stopping the conduct while you are still employed; it does not award compensation. Other claims can. We also advise on protecting your health and your position while this is going on.
What you get: a recommendation that fits what you want to achieve.
Negotiating
Many matters resolve through a letter to the employer and a negotiation, sometimes leading to changes at work, and sometimes to an agreed exit.
What you get: a lawyer dealing with the employer, so you do not have to.
The Commission or the Court
We prepare the application or complaint and represent you through conciliation and beyond.
Settlement and the Deed
We make sure the deed deals with confidentiality, references and non-disparagement in a way that protects you.
Time Limits
- A sexual harassment dispute in the Fair Work Commission may be dismissed if it is made more than 24 months after the last contravention (s 527G of the Fair Work Act 2009 (Cth)).
- A complaint to the Australian Human Rights Commission may be terminated if lodged more than 24 months after the conduct.
- A complaint under the Equal Opportunity Act 1984 (WA) should be made within 12 months.
- If you were dismissed, a Fair Work Commission dismissal claim must be lodged within 21 days.
What to Bring to the First Conversation
- A timeline of the incidents, with dates, who was involved and who saw them
- Messages, emails or other records of the conduct
- Any complaint you made and the employer's response
- Any warnings or disciplinary letters you received after complaining
- Medical certificates or notes from your doctor or psychologist, if you have them
- Your contract and the employer's bullying and harassment policies
How We Have Helped
An employee who had raised concerns at work found themselves belittled and micromanaged by a manager. We lodged a stop bullying application and, alongside it, negotiated with the employer. They chose to leave, and we secured an agreed exit on negotiated terms, recorded in a deed.
An employee was sexually harassed by a more senior person at work and felt they had no choice but to resign. We lodged a complaint and represented them at conciliation. The matter was resolved by agreement.
After an employee reported harassment by a colleague, the employer began disciplinary action against them. We responded on their behalf, raised the connection between the complaint and the discipline, and negotiated a resolution.
Every matter is different. These examples are general and do not indicate the outcome of any other matter.
Talk to Us
You do not have to deal with this on your own. Call (08) 9470 2777 or contact us online for a free and confidential initial discussion if you are being bullied or harassed at work.
Read more: Bullying · Sexual Harassment · The WA State System