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I am being bullied in my workplace. I have worked in Aged…

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I am being bullied...

I am being bullied in my workplace. I have worked in Aged care night shift for 4years. I start at 10pm arrive always at 0930HR and have 1x other staff member working with me. It is High Care and I manage my shift that is the expectations. Casual workers work with me 5 of the 8 shifts I do in a fortnight. I finish work at 0700hrs often later than this, due to documentation needed to be completed. Recently the Home excepted a contract from TTH of interim residents l have been accused and been taken into the medical room by the pm supervisor stating that she is going to record me for
the CNM I officially don't start my shift until 10pm. This has happened 2 nights in a row. I now start work at 10pm and don't go in early. The short end of it is I have 30 plus residents on my wing there are all sorts of behaviours /sexual/wanders and recently a resident tried to punch me and pushed his wheelie walker into my partner. Our work load is horrendous most nights and we get know comprehensive handovers. The expectations are that I'm experience d as far as the residents go. I enjoy my job but..... Management always finds something wrong with my shift. I'm resident focused 62yrs of age and fit and healthy my recent appraisals have should have elevated me to Supervisor status. Short end I'm sick of the false accusations my shift is not safe at the best of times especially when I have to work and train inexperienced staff. If been presented with a letter from HR in the past few days to reply to the way I manage the shift. I believe I am being singled out yet again. I hope you can help me. Regards Janet

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

QLD Townsville

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There is so much happening on my wing, staff going on stress leave. There is a sisterhood fraternity with Management going on residents are being abused by my peers on day shift and I have not got the power to do something about it. As my job is on the line. This is the reason I feel safe talking outside my work place. My residents are classified as demented and they don't have a voice. I'm not allowed to have a voice, so I know the system wants to terminate my employment.

Submitted: 5 months ago.Category: Australia Law
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Answered in 1 hour by:
3/7/2018
Solicitor: John Melis, Lawyer replied 5 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,551
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 5 months ago

have you raised any claim against the employer under the Fair Work Act yet ?

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Solicitor: John Melis, Lawyer replied 5 months ago

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 workplacebullying.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).

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.

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

You can come back to this post any time to ask questions and there will be no further charges to you.

Don’t forget to rate me 5 stars and thank you for using Just Answer.

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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.

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