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Everyone who works as an employee has a contract of employment with their employer. Employment contracts come in various forms and can be named different things like: agreements, Australian Workplace Agreements.
— Employment contracts do not have to be in writing.
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Workplace bullying has been characterised by WorkSafe as‘persistent and repeated negative behaviour directed at an employee that creates a risk to health and safety’.
Under the Fair Work Act2009 (Cth) (FW Act) workplace bullying occurs when ‘an individual or group of individuals repeatedly behaves unreasonably towards a worker or group of workers and the behaviour creates a risk to health and safety’.
However, reasonable management action conducted in a reasonable manner does not constitute workplace bullying.
Examples of workplace bullying may include the following behaviours:
Insulting, abusive or offensive language
Offensive or harmful initiation practices
Inappropriate comments about a person’s appearance or lifestyle
Physical assaults or threats
Spreading malicious rumours
Behaviour or language that frightens, humiliates, or degrades
Overloading a person with too much or too little work
Setting tasks above or below a person’s skill level
Isolating or ignoring a person
Unfair treatment in relation to accessing workplace entitlements
Setting unachievable or constantly changing deadlines
Inappropriate letters, emails, phone calls, text messages or social media
Bullying should not be ignored if it is occurring in your workplace. Workplace bullying creates an unsafe working environment and it is unlawful.
There are a number of practical and legal options available for dealing with bullying in the workplace ranging from talking to the bully or complaining to your employer to applying for a Stop Bullying Order at the Fair Work Commission (if eligible) and complaining to WorkSafe in your State.
Work Related Injuries
Work related injuries
If you are injured at or in relation to your work, including non-physical or psychological injuries, you are entitled to make a WorkSafe workers’ injury compensation claim. If your claim is accepted, you can receive a percentage of your pre-injury average weekly earnings and have medical and/or counselling bills paid for by your employer’s insurer. If you are injured, you should act quickly as strict time limits apply. Generally, the first thing you should do is notify your employer in writing that you have suffered a work related injury. However, you may need to go to your doctor first to confirm that you have a work related injury. You should then obtain a WorkSafe Certificate of Capacity from your doctor and complete the relevant WorkSafe application form.
For more information:
Victoria: Contact WorkSafe Victoria on 03 9641 1444 or 1800 136 089