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Bullying and the law

Some forms of bullying may involve criminal assault. These include incidents where a worker is physically attacked or threatened with violence.

Bullying is a breach of an employer’s responsibility under workplace health and safety legislation for employers to provide a workplace free from risk of injury.

Anti-discrimination law may punish certain forms of bullying. Bullying which targets a person on the basis of their gender, race, colour, religion, physical or intellectual disability, age, or sexuality may be unlawful discrimination or a breach of industrial law.

Bullying on the basis of a person’s trade union membership or union activity is also a breach of industrial law.

Loss of employment through termination or being forced to resign may be unfair dismissal which could entitle a worker to a remedy under industrial law.

Injury or ill-health resulting from workplace bullying may be the subject of a worker’s compensation claim or a common law claim.

The FSU can provide advice about your legal options and assistance with some legal matters or can refer you to legal professionals where appropriate.

“Some forms of bullying are outlawed by equal opportunity or anti-discrimination legislation.”

Contact Details
FSU Member Rights Centre
Ph: 1300 366 378
fsuinfo@fsunion.org.au

Authorised By: Chris Gambian, Acting National Secretary
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