Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

Hi, Last year I suffered stress and made a workplace

Customer Question
Hi, Last year I suffered...

Hi,
Last year I suffered stress and made a workplace complaint regarding bullying and harrassment in my office at work. The hospital I work for conducted a incomplete investigation and did not interview my personal assistant or the girl who held the job before me. Therefore they did not find enough evidence of workplace bullying. At the time of the investigation the hospital was making hundreds of jobs redundant and the so called witnesses were very frightened of losing their jobs if they spoke up. I have consequently lost my position as a medical education officer as the hospital has deemed my workplace psychologically unsafe and they are within their lawful right to not place me back in my previous position as the 2 people who were involved stay in their positions.
I am a registered nurse and have involved the XXXXXXXXX XXXXXXX XXXXXXXXXX from the beginning of the complaint last August 12, 2009. Initially I had just made an appointment with the manager of the perpetrator XXXXX XXXXXXX, who for 3 years covertly bullied me, my manager XX. XXXXXX XXXXXX was aware of the problems I had with XXXXX and at times told me to pull my head in, as he quoted me he would have no demarcation lines in his office and this was not a Wharf! So towards August 2009 I stopped going to my boss for help and support as I did not get any. My health started to decline, I was having trouble sleeping and was really irritable with my family until I suffered a nervous breakdown, despite confronting XXXXX XXXXXXX and asking him to stop going behind my back and if he had a problem with me to directly address me to my face. He also would try and block my work practices unbeknownst to XX. XXXXXXX. In the end I capitulated due to stress. I have not yet made a complete recovery. I applied for another Job in January this year through the Medical School built at the back of the hospital I work in and did not get an interview, despite having 3 years of Medical Education Experience and studying for a Masters in Education and ecperience in all aspects of Clinical simulation. The job title was Clinical Skills Lecturer XXXXXXX University. I found out from the girl who got the job that XX. XXXXXX XXXXXX was on the interviewing committee. I did not even get an interview, and the person who got the job has no educational experience. I used to work with her in Melbourne. My young family ( 2 children ages 8 & 10) live out of XXXXXXX on the XXXXXXXXX XXXXXXXXX XX kms at XXXXXXXXXX, so driving to Melbourne for work is not a sustainable option. I have been quite defamed in XXXXXXX by XX. XXXXXXX, and have noticed now some of the Medical Consultants snide remarks, obviously doctors sticking together and shaming the nurse that made the complaint about the inappropriate behavior in the first place. I am worried about our financial future as we have 3 different mortgages and primary school aged children and I will be severely disadvantaged for employment in the future because of WHO (XX. XXXXXXX) I have made the complaint about. He incidently refused to mediate in January 2010. So did XXXXX XXXXXXX.


Can you please advise my legal rights, including common law rights on Workcover. I am currently not working as a result of the stress of the incidents and subsequent mishandling of the complaint. My family have suffered incredibly financially because of this.

Thanks XXXXXXX

Submitted: 8 years ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 1 hour by:
7/7/2010
Solicitor: Peter G., Solicitor replied 8 years ago
Peter G.
Peter G., Solicitor
Category: Australia Law
Satisfied Customers: 767
Experience: Law degree from the University of Melbourne 1978, with thirty years of practice experience.
Verified

Hello XXXXXXX. Have you made any Workcover claim at all?

Ask Your Own Australia Law Question
Customer reply replied 8 years ago

Yes and it has been accepted I am currently off work on workcover after returning to work on the 23rd of November on a XXXXXX to XXXX XXXX which involved working as a project officer introducing and writing a new emergency code XXXX for the hospital. It was a large project spread over three different sectors of XXXXXX XXXXXX (XXX XXXXXXX XXXXXXXX). the Acute site, the XXXX XXXX and Rehabilitation Site and the Community Sites that are numerous. During this time I was asked to do some work as a Medical Education Officer (MEO ) as I was responsible for the Pediatric Life Support Study day which I ran twice a year as an MEO. Now I have been offered another job in OH&S and I am not happy with it as I have to change pathways from Education into OH&S an area I am not interested in. I didn't do anything wrong but lodge a complaint against 2 men in my office. I wanted a good outcome not to lose my job.

Solicitor: Peter G., Solicitor replied 8 years ago
If your question is about Workcover rights, then I would be seeing a solicitor about this. Apart from weekly payments and medical and like expenses, you have potential rights to a no fault lump sum payment, and to common law rights if you can establish fault - but your solicitor will advise you about this - fault is much easier to establish than you might think. Common law will give you full compensation for weekly payments into the future and for pain and suffering; but it is very complicated and you need to see a solicitor who does this sort of work all the time - I cannot emphasise this enough. I will come back in a minute with a solicitor who will know what they are doing.
Ask Your Own Australia Law Question
Solicitor: Peter G., Solicitor replied 8 years ago

XXXXXX & XXXXXX have an office in XXXXXXX:- I would contact them, they know what they are doing in this very complex area.

XXXXXXX

Legal help line – 1XXX XXX XXX

Reception - (XX) XXXX XXXX

Level 1 - Harrison Place, XXX XXXXX Street, XXXXXXX XXX XXX

Please come back if you have any further query.

Ask Your Own Australia Law Question
Customer reply replied 8 years ago

Thank-you for your help, what I really need to establish is the fact that I have lost my job and had the ANF challenge this in the commission which came out with 3 unfavourable options for me.

Also that XXXXXXX is such a small place this doctor has defamed me in such a way I will not get a job in Medical Education with the university or the hospital again. And I did nothing wrong but accuse XXXXX XXXXXXX of Bullying and XX XXXXXX XXXXXXX my boss of not doing anything about it. He is well known for sticking his head in the sand. And has been quite self serving as far as accrediting (unfairly, country hospitals where he would hope to work as a consultant when he retires from XXXXXXX.

Solicitor: Peter G., Solicitor replied 8 years ago
I appreciate this, but your original question was about Workcover. I would suggest you consult a solicitor in relation to the Workcover questions first. The Workcover issues are likely to give a more satisfying solution than the employment issues - employment issues rarely give complete satisfaction. So I think the Workcover should be addressed first.
Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Peter G. Your Own Question
Peter G.
Peter G.
Peter G., Solicitor
Category: Australia Law
Satisfied Customers: 767
767 Satisfied Customers
Experience: Law degree from the University of Melbourne 1978, with thirty years of practice experience.

Peter G. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

27,790 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,976 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,352 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
I have been working away from home for 6 months the boss
i have been working away from home for 6 months the boss provided us acomadation in his privatley owned property 4 adult men one who was the supervisor who took upon himself to make a deal on our beha… read more
John Melis
John Melis
Lawyer
Diploma In Law
3,352 satisfied customers
I feel I am being targeted in my 16 years workplace, I have
i feel I am being targeted in my 16 years workplace, I have been given heaps of notices and complaints for the last 7 months, and they have been accessing me on my work, very stressing and I feel inti… read more
John Melis
John Melis
Lawyer
Diploma In Law
3,352 satisfied customers
We ordered and paid in full cargo bike from xxxxxxx in
We ordered and paid in full for a cargo bike from xxxxxxx in Melbourne in November 2013. Prior to purchase we specified it needed a electric motor capable of transporting either my husband or I and ou… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
I feel I have been discriminated against by my manager. The
I feel I have been discriminated against by my manager. The following has occurred: 1. I was assigned a caretaker role running the business for the state of Qld as a sole territory manager after the 2… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
My adult children, xxxxxxx and xxxxxxxx have applied to the
My adult children, xxxxxx and xxxxxxxx have applied to the QCAT tribunal (in Scarness, 4655) and have been given the administration of my ex wife's assets and adult guardian ship. They (1) denied my f… read more
Expert
Expert
Hi,I am needing help to write a letter to my employer
Hi, I am needing help to write a letter to my employer on bullying & harassment - my problem it is with the director herself, just not sure how to start and go about it? Regards Lesley… read more
Sean
Sean
Experienced lawyer
Bachelor of Law with First Class Honours
855 satisfied customers
Statement say that upon seperation there was no longer any
Statement say that upon seperation there was no longer any physical relationship however we lived under the say roof due to financial constraints… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
I was living with a gay partner for over 30 years. Now, he
I was living with a gay partner for over 30 years. Now, he passes away due to Alzheimer and old age. His nieces are beneficiary in his last will. Can they question me for misusing or steeling his mone… read more
Sean
Sean
Experienced lawyer
Bachelor of Law with First Class Honours
855 satisfied customers
David & Pamela Whisson37 Glenlee StreetArana Hills QLD
David & Pamela XXXXXXX 37 XXXXXStreet XXXXX Hills XXX XXXX XXXXXXXXXX [email protected] My wife XXXXXX and I are looking after the affairs of the now deceased Wife's Brother XXXXX XXXXXXXXX XXX… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
Hai sir/madam, i have got issu with my house owner ,about
Hai sir/madam, i have got issu with my house owner ,about the problem im facing 17 th july the house sealing collapsed in the morning resulted in loss and damaged to our belongings,it was grace that n… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
I'm sorry. Your answer told me that you couldn't do anything
I'm sorry. Your answer told me that you couldn't do anything to assist in a dispute between Australia and Turkey. Thanks for a prompt refund. I wish the Turkish rug dealer was as prompt. Over Au$15,00… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Hello, I work in a not for profit large hospital in melbourne.
Hello, I work in a not for profit large hospital in melbourne. Currently my position is a relieving supervisor in the Enviromental Service Department. My original Manager was let go in november last y… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
In August 2009 as a patient in a Qld Public Hospital an employee
In August 2009 as a patient in a Qld Public Hospital an employee (of the hospital - security officer) pulled my right arm with great force up my back has resulted in long-term damage to my right shoul… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Hi I am sending question from the UK. My mum obtained enduring
Hi I am sending question from the UK. My mum obtained enduring POA whilst she lived in Corinella, Vic (1996). She returned to the UK about 12 years ago and alas is now suffering from dementia and is i… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Should an employer interview persons that the accused has referred
Should an employer interview persons that the accused has referred to in their defence or does the employer only need to interview persons that the victim has referred them to?… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
In 2004 a Mortgage Manager refinanced my home with Permanent
In 2004 a Mortgage Manager refinanced my home with xxxxxxxxx xxxxxxxx (xxxxxxx xxxxxxxx) - she advised me to borrow more than I needed and that she would invest it prudently to provide an income in to… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Hi I have been subjected to bullying at work. I have a signed
Hi I have been subjected to bullying at work. I have a signed stat dec from a co worker stating the extent of bulling he witnessed and another who is scared to come forward incase he loses his job. I … read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
Hello, I have recently complained informally in my work place
Hello, I have recently complained informally in my work place 7 times regarding work place bullying, the outcome was I was suspended from my employment? I have not been advised as to the grounds of th… read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x