I have been part of a work life elated investigation just want a bit more insight on how to handle it. Manager and HR.

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Customer: Hi I have been part of a work life elated investigation just want a bit more insight on how to handle it
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: manager and HR
JA: Is the workplace "at will" or union? Is the job hourly or salaried?
Customer: Hourly and it’s not part of union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you
Answered by John Melis in 31 mins 2 years ago
John Melis
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John Melis
79040 Satisfied customers
10+ years of experience
John Melis
10+ years of experience

79040 Satisfied customers




31,131 Satisfied customers

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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Concerning your important comments, what is the outcome you would like to see result.

I would just not want to get a criminal record or bad reference from the company

John Melis, Expert

From the description you have provided there is workplace bullying occurring to you. Part6-4B of the Fair Work Act 2009 (Cth) (FW Act) empowers the Fair Work Commission (FWC) to make orders to stop workplace bullying. Bullying at work occurs where a worker is subjected to repeated unreasonable behaviour by an individual or group of individuals that creates a risk to health and safety: s 789FD(1). The definition of bullying does not include reasonable management action carried out in reasonable manner: s 789FD(2).

Bullying may involve a wide range of behaviour including harassment, victimisation and racial vilification; abusive, insulting, or offensive language or comments; unjustified criticism or complaints; withholding information that is vital for effective work performance; setting unreasonable timelines or constantly changing deadlines; setting tasks that are unreasonably below or beyond a person's skill level; denying access to information, supervision, consultation or resources to the detriment of the worker; spreading misinformation or malicious rumours; changing work arrangements, such as roster and leave, to deliberately inconvenience a particular worker or workers.

An application for stop bullying orders may be made by you under the Fair Work Act.

The Fair Work has discretion to deal with an application as it considers appropriate, including by mediation, conference or hearing. The applicant and alleged bully, as well as the principal(s) or employer(s) of the applicant and alleged bully will be given an opportunity to be heard and put forward their case.

If you have not done so you may also consider mediation with the employer as well. However, sometimes this is understandably difficult.

The employer has a duty to provide a safe place of work. This extends to providing an environment that is free from bullying.

The moment your file the claim art Fair Work you should also inform your employer on the same. The reason for this approach is once you inform the employer and if they terminate your employment you will be able to argue the position of unfair dismissal. Keep in mind you are are terminated there is a strict time limit to apply under the Fair Work Act that must be complied with when filing the application with Fair Work.

Compensation for bullying conduct may apply under anti-discrimination statutes if the relevant discrimination occurs as part of the bullying; compensation payments for psychological injury; compensation under breach of contract; tort against individual employees for intentional harm; vicarious liability of the employer for the wrongful conduct of an employee.

Example of some orders that are made by Fair Work Commission include: that parties to workplace conduct should not contact each other, should not comment on clothes or appearance, should be rostered onto different shifts so that they do not need to deal with each other, should not exchange any correspondence by email but should negotiate all work issues through their supervisor, the employer pay for counselling for the victim of bullying.

The main point is that you have a legal right to be protected and the law will come to your aid.

Here is the link to file a claim:


If you need any further information please let me know.

Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

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