WORKPLACE BULLYING & HARASSMENT LAWYERS

Workplace bullying and harassment are serious issues that demand immediate and effective action. Bentham Sydney Employment Lawyers are here to provide the critical support you need to tackle these problems head-on. Our team of experienced solicitors is equipped to handle both complex complaints and internal disputes with precision and urgency. Whether you’re facing relentless bullying or need to manage a bullying claim within your organisation, we ensure that your case is addressed thoroughly and according to legal standards. Don't let bullying undermine your work environment. Contact Bentham Sydney Employment Lawyers without delay to secure the protection and resolution you deserve.

Bullying and Harassment Lawyers For Employees

Bullying & Harassment Support For Employees

We Understand

At Bentham Sydney Employment Lawyers, we recognise the severe impact that workplace bullying and harassment can have on individuals. We understand how jarring and psychologically damaging these experiences can be, undermining your well-being and job satisfaction. Bullying and harassment are not just uncomfortable—they can affect your mental health, hinder your professional growth, and create a toxic work environment. We are committed to supporting you through these challenging times, providing compassionate, expert guidance to help you navigate the complexities of your situation and secure the justice and relief you deserve.

What Constitutes Workplace Bullying and Harassment?

Workplace bullying involves repeated and unreasonable actions directed towards an employee that creates a risk to their health and safety. This includes:

1. Excessive Work Demands: Being pressured to complete an unrealistic amount of work.

2. Isolation: Being intentionally excluded from workplace activities or discussions.

3. Threats: Ongoing threats of demotion or termination.

4. Unjust Criticism: Continuous and unjustified criticism of your performance.

5. Blame: Being unjustly blamed for mistakes made by others.
Verbal Abuse: Experiencing verbal abuse or physical intimidation.

6. Unreasonable Deadlines: Being set deadlines that are not achievable.

These actions are designed to demean, belittle, or force an employee to resign without justification, and they pose significant risks to your health and safety.

What Constitutes Sexual Harassment In The Workplace? 

Sexual harassment in the workplace is a serious and unacceptable behavior that violates an individual's rights and creates a hostile work environment. Understanding what constitutes sexual harassment is crucial for addressing and preventing such misconduct. According to the Fair Work Act 2009 (Cth), sexual harassment occurs when:

1. Unwelcome Sexual Advances: An individual makes an unwelcome sexual advance or request for sexual favours. This can include propositions or invitations of a sexual nature that are not welcomed by the recipient.

2. Unwelcome Conduct of a Sexual Nature: Other unwelcome conduct of a sexual nature is directed towards an individual. This includes any behavior or communication with a sexual element that is not invited or welcomed by the person it is directed at.

For behavior to be classified as sexual harassment, it must occur in circumstances where a reasonable person would expect that the person harassed could be offended, humiliated, or intimidated. The following factors are considered:

1. Personal Characteristics: The characteristics of the person being harassed, such as their sex, age, marital status, sexual preference, religious beliefs, race, colour, or national or ethnic origin.

2. Relationship Dynamics: The nature of the relationship between the person making the advance or engaging in the conduct and the person being harassed.

3. Disability: Any disability of the person being harassed, which might affect their ability to respond to or handle the harassment.

4. Other Relevant Circumstances: Any additional context that may be relevant to the situation.

Sexual harassment can manifest in various forms, including but not limited to:

1. Verbal Conduct: Making sexually suggestive comments, jokes, or remarks.

2. Written Communication: Sending emails, texts, or notes with sexual content.

3. Physical Conduct: Unwanted touching, grabbing, or other physical interactions of a sexual nature.

4. Visual Conduct: Displaying sexually explicit materials or images in the workplace.

Understanding what constitutes sexual harassment is essential for both preventing and addressing these issues effectively. If you are experiencing any form of sexual harassment, it is important to seek support and take action to protect your rights and well-being. 

What Should I Do To Effectively Address Workplace Bullying And Harassment?

Addressing workplace bullying requires a strategic approach. It’s crucial to understand that resolving these issues often involves more than just lodging a complaint:

1. Document Everything: Keep detailed records of the bullying incidents, including dates, times, and descriptions of the behaviour.

2. Seek Support: Approach your Human Resources department or a trusted senior employee to report the bullying.

3. Legal Guidance: Consult with a lawyer to understand your rights and the best course of action for your specific situation.

Bentham Sydney Employment Lawyers can assist you in formulating a strong case, guiding you through the Fair Work Commission's conciliation process, and advocating for your rights effectively.

Why Should I Do To Address Bullying & Harassment In My Workplace?

Addressing workplace bullying requires a strategic approach. It’s crucial to understand that resolving these issues often involves more than just lodging a complaint:

1. Document Everything: Keep detailed records of the bullying incidents, including dates, times, and descriptions of the behaviour.

2. Seek Support: Approach your Human Resources department or a trusted senior employee to report the bullying.

3. Legal Guidance: Consult with a lawyer to understand your rights and the best course of action for your specific situation.

Bentham Sydney Employment Lawyers can assist you in formulating a strong case, guiding you through the Fair Work Commission's conciliation process, and advocating for your rights effectively.


Why Choose Bentham Sydney Employment Lawyers?

If you are experiencing bullying or harassment in your workplace, it is crucial to communicate your experiences effectively to your employer. Properly documenting and presenting these incidents ensures your concerns are taken seriously and addressed appropriately. At Bentham Sydney Employment Lawyers, we provide expert support to help you articulate your case clearly and persuasively. Our experienced team guides you through the complex process of lodging complaints and negotiating with employers, ensuring every detail is meticulously managed to maximise your chances of a successful outcome. With a client-centric approach tailored to your unique situation, we offer not only expert legal advice but also compassionate support during this challenging time. Trust Bentham Sydney Employment Lawyers to be your advocate and ally, delivering the expertise and strategic guidance needed to navigate your case and secure the resolution you deserve.


Our Commitment to You

At Bentham Sydney Employment Lawyers, we recognise that dealing with an unfair dismissal can be one of the most stressful experiences of your life. The uncertainty, the financial strain, and the emotional toll can be overwhelming. That’s why we are committed to providing you with not just legal representation, but also the support and reassurance you need during this challenging time.

We approach every case with the care and attention it deserves, taking the time to listen to your story and understand your needs. Our goal is to provide you with a clear path forward, guiding you through the legal process with empathy and professionalism. We are committed to fighting for your rights and ensuring that justice is done.

Bullying and Harassment Lawyers For Employers

Bullying & Harassment  Support For Employers

We Understand

At Bentham Sydney Employment Lawyers, we recognise the significant responsibilities employers have in managing and preventing workplace bullying and harassment. The impact of such issues extends beyond individual well-being, affecting overall workplace morale and productivity. Addressing these concerns effectively is not just a legal obligation but a crucial component of maintaining a positive and respectful work environment. Our expert team is committed to guiding employers through the complexities of compliance, ensuring that your workplace is safeguarded against these detrimental issues.

What Employers Need to Know About Preventing Sexual Harassment

In response to the positive duty introduced by amendments to the Sex Discrimination Act 1984 (Cth), employers must now actively work to prevent sexual harassment and related conduct. This duty requires you to implement reasonable and proportionate measures to:

1. Eliminate workplace sexual harassment and sex-based discrimination.

2. Prevent conduct that creates a hostile work environment based on sex.

3. Immediately address acts of victimisation.

The Australian Human Rights Commission (AHRC) has set out specific guidelines to help employers meet these obligations, which include:

1. Leadership: Demonstrate a visible commitment to preventing sexual harassment and ensure senior leaders are actively involved.

2. Culture: Foster a workplace culture that empowers employees to report harassment without fear of retaliation.

3. Knowledge: Provide up-to-date training for all employees, particularly senior leaders, on relevant unlawful conduct and preventive measures.

4. Risk Management: Implement comprehensive risk management strategies to identify and address potential issues before they escalate.

5. Support: Ensure that adequate support is available for employees who experience or witness sexual harassment.

6. Reporting and Response: Establish clear, accessible reporting mechanisms and ensure timely and appropriate responses to complaints.

7. Monitoring, Evaluation, and Transparency: Regularly review and update your policies and practices based on data and feedback to improve workplace culture.

Failure to comply with these guidelines can expose employers to vicarious liability for acts of sexual harassment. While compliance with the AHRC’s guidelines does not automatically shield employers from liability, it significantly strengthens your defence against such claims.


Why You Must Act Now!

If you are an employer facing the complexities of implementing these requirements, it is crucial to seek expert legal guidance. Bentham Sydney Employment Lawyers are here to provide the support and advice you need to navigate these obligations effectively. Ensuring that your workplace is compliant with the latest regulations is essential not only for legal protection but also for fostering a positive and respectful work environment. Don’t wait for issues to arise—contact Bentham Sydney Employment Lawyers today to safeguard your business and support your employees effectively.

What Should I Do If An Employee Is Accused of Engaging in Bullying & Harassment?

If an employee is accused of bullying and harassment, it is essential to act swiftly and carefully to ensure a fair and effective resolution. Immediate steps should include acknowledging the complaint, ensuring the safety of all parties involved, and conducting a thorough and impartial investigation. It's crucial to follow procedural fairness, maintain confidentiality, and take appropriate action based on the investigation’s findings. Bentham Sydney Employment Lawyers can assist by providing expert legal guidance throughout this process, helping you navigate the complexities of the investigation, reviewing and updating workplace policies, and ensuring compliance with legal requirements. Our experienced team will support you in managing these sensitive issues and mitigating potential risks. Contact Bentham Sydney Employment Lawyers today to ensure that you have the right legal support and advice to handle bullying and harassment allegations effectively.

How Can Bentham Legal Help?

Bentham Sydney Employment Lawyers are dedicated to providing expert legal assistance in handling bullying and harassment issues within the workplace. We offer comprehensive support in investigating allegations, ensuring that procedural fairness is maintained and that all legal obligations are met. Our experienced team will help you navigate the complexities of compliance, including reviewing and updating workplace policies, training staff, and managing any disputes that arise. We are committed to protecting your organisation’s interests and ensuring a fair and lawful resolution. Contact Bentham Sydney Employment Lawyers to benefit from our expertise and guidance, and to address bullying and harassment issues with confidence and legal precision.

Our Commitment to You

At Bentham Sydney Employment Lawyers, we recognise that dealing with an unfair dismissal can be one of the most stressful experiences of your life. The uncertainty, the financial strain, and the emotional toll can be overwhelming. That’s why we are committed to providing you with not just legal representation, but also the support and reassurance you need during this challenging time.

We approach every case with the care and attention it deserves, taking the time to listen to your story and understand your needs. Our goal is to provide you with a clear path forward, guiding you through the legal process with empathy and professionalism. We are committed to fighting for your rights and ensuring that justice is done.

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Bullying and Harassment Lawyers for employees and employers

About us

At Bentham Sydney Employment Lawyers, we make it our mission to uphold the integrity of Australia's workplace landscape. Our dedicated team strives to ensure that every workplace is a safe and just environment for all. Let our passion for employment law guide you towards a brighter future.

Trust the experts at Bentham Sydney Employment Lawyers to navigate the complexities of workplace laws with precision and care. Your peace of mind is our priority, and together, we can build a stronger, fairer workplace for everyone.

Why us?

1. Free

Initial call to obtain guidance on your prospects of success and an overview of what work is involved in your matter

2. Easy

Straightforward and simple legal advice that cuts through the legal jargon and provides clear, actionable solutions

3. Dynamic

Advice and support provided to you instantly. Delay can cause complications; act now for prompt solutions

Contact Us

Get in touch
  • Phone: +61 0450 491 637
  • Email: ph@benthamlegal.com.au

  • Address:
  • Unit 29/15 Valediction Road, Kings Park NSW 2148
  • Working hours:
  • 8:00AM - 7:30PM

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For assistance from Bentham Sydney Employment Lawyers with other areas of employment law, click on the links below or book a free initial call
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Got Questions?

When an employer receives a complaint of bullying or harassment, they should immediately acknowledge the complaint and assure the complainant of a thorough and impartial investigation. They need to conduct a preliminary assessment to gauge the severity of the issue, launch a formal investigation, and document all findings. It's crucial to develop an action plan to address the situation, implement appropriate measures, and maintain open communication with both the complainant and the accused. Bentham Sydney Employment Lawyers can assist in ensuring the investigation process is fair, compliant with legal requirements, and effective in resolving the issue.

Employers can create a culture that prevents bullying and harassment by implementing clear anti-bullying policies, providing regular training for all employees and management, and demonstrating leadership commitment to a respectful workplace. Encouraging open communication, establishing safe reporting channels, and offering support mechanisms such as counselling are also key. Bentham Sydney Employment Lawyers can help develop and implement effective policies and training programs to foster a positive work environment and ensure legal compliance.

Upon discovering bullying or harassment, an employer should take immediate action to stop the behaviour, which may include suspending the accused or adjusting work conditions. They must document all findings from the investigation, implement appropriate disciplinary measures based on the severity of the behaviour, and provide support to affected employees. It’s also important to review and enhance workplace policies and training. Bentham Sydney Employment Lawyers can guide you through implementing these actions and ensure your responses are legally sound.

Employers are legally obligated to provide a safe work environment, which includes preventing and addressing workplace bullying and harassment. They must comply with relevant laws such as the Fair Work Act 2009 (Cth), investigate complaints promptly, and implement preventive measures including clear policies and training. Bentham Sydney Employment Lawyers can ensure that your organisation meets these legal requirements and provides advice on effectively managing compliance and legal responsibilities.

When the accused denies bullying or harassment allegations, the employer should ensure a fair and thorough investigation by gathering evidence from all parties involved, including the accused, and allowing them to present their side. It is important to maintain confidentiality throughout the process and make decisions based on the evidence collected. Bentham Sydney Employment Lawyers can assist in conducting an impartial investigation and provide guidance on handling disputes to ensure fairness and legal compliance.

Training is crucial in preventing workplace bullying and harassment as it educates employees about unacceptable behaviours, promotes awareness, and equips managers with skills to address and prevent issues. Regular and effective training helps foster a respectful work environment and ensures that all employees understand their roles in maintaining workplace standards. Bentham Sydney Employment Lawyers can design and deliver tailored training programs to meet your organisation’s needs and ensure that your workplace complies with legal requirements.