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I have recently submitted a bullying complaint against my…

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Second opinion] Hi, I...

Second opinion] Hi, I have recently submitted a bullying complaint against my Manager to my HR Department. I have been told by my Psychologist to stay out of the presence of my boss as it may lead to a serious mental breakdown. I have been put on suicide watch and must remain with a family member at all times. I put the complaint in on Monday 5th March and have not heard back from HR. I have left 2 messages. I am wondering how I am going to claim leave. I have been given a month off at this stage and do not have enough sick leave to cover this. I have a mortgage and need to be paid. Do you have any idea what I can do?

Lawyer's Assistant: Can you tell me what state this is in? And how long has this been going on?

In QLD. I went on leave on Tuesday on Tuesday 27th Feb. I submitted a 31 page complaint against my boss for bullying. The complaint stems from January 3 this year as an escalation of his misconduct from the previous year when he started in August 2017. I have experienced a serious and rapid decline in both my mental and physical health since January 3 as a direct result of his behaviour toward me. I have had no one from the organisation (UnitingCare Queensland) call to check in my welfare.

Lawyer's Assistant: Has anything been filed or reported?

I filed a complaint on Monday 5th March.

Submitted: 5 months ago.Category: Australia Law
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Answered in 1 hour by:
3/9/2018
Solicitor: John Melis, Lawyer replied 5 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,539
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

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).

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.

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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).

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