Employment Lawyers Gold Coast
There are rules about the way in which an employer must treat their employees at work. These rules are set out in different documents, like State Awards and your employment contract.
Often people who have been injured are the subject of Workplace Bullying and Harassment and can be Unfairly Dismissed. When these issues arise, we may be able to help you with a claim for worker’s compensation.
Workplace Bullying and Harassment
Bullying at work takes many forms and can have serious consequences to your health. Anyone can be subjected to bullying, regardless of their position or seniority. If you have suffered an injury due to bullying at work, you may have a claim for workers’ compensation.
Can You Get Fired For An Injury At Or Outside Of Work?
If a worker has a work related injury and can’t work in their usual job, their employer cannot use this as a reason to dismiss them within 12 months of the injury.
Frequently Asked Questions on
Workplace Bullying and Harassment
When can I start a claim for TPD or income protection?
A worker is bullied at work if another worker or group repeatedly behaves unreasonably towards them. It is irrelevant that the bullying was unintentional.
What Should I Do If I'm Being Bullied At Work?
Keep a record of the bullying and make a complaint. If things don’t improve, get legal advice. If you’re feeling anxious or depressed, see your doctor and consider lodging a claim for workers’ compensation.
Can I Make A Claim For Workers' Compensation?
Yes, if you have suffered an injury due to bullying in the workplace you can make an application for workers’ compensation.
What Is Unreasonable Behaviour?
Unreasonable behaviour can be verbal abuse, unjustified criticism, exclusion from workplace activities, threats to sack or unreasonable setting of tasks and deadlines.
Unfair Dismissal
Unfair dismissal occurs when you have been terminated from your employment based on false or incorrect allegations, you were dismissed because of an injury, you were forced to resign by your employer or you were terminated for redundancy but your position was filled by another employee.
Frequently Asked Questions on
Unfair Dismissal
What Does Dismissal Mean?
Dismissal means that your employment is terminated at the instigation of your employer. Dismissal also includes the situation where you resign because of your employer.
What is Constructive Dismissal?
Constructive dismissal means you resign from your employment because of the behaviour of your employer and feel you have no alternative other than to quit.
Can I Make A Claim For Workers' Compensation?
Yes, if you have suffered an injury or because you have been unfairly dismissed you may have a claim for workers’ compensation. If you have been unfairly dismissed due to injury or because you have lodged a claim for workers’ compensation after a work injury, then we will be able to help you with a claim for compensation for your injury.
What Is The Time Limit For Making A Claim For Unfair Dismissal?
There is a strict 21 day time limit to make a claim for unfair dismissal.
