Workplace Bullying?

When is an employer liable for false and misleading statements to an employee?

When trying to fill a vacant role it is common for employers to want to present the opportunity in only the most favourable light. Poaching an employee from a competitor with outlandish promises might be tempting. What are the consequences?  The potential legal issues in doing so were recently considered by a judge of the Federal Court of Australia in a case raised by McDonald Murholme Solicitors for Ms ‘R’.

What can I claim in my general protections application (involving dismissal)?

If your employer takes adverse action against you in contravention of a general protections, they may be found to have breached a civil remedy provision which may make them liable for a penalty.

Can I lodge a FWC application outside of the 21 calendar day time period?

The Fair Work Commission may allow a further period for application if there are exceptional circumstances and will consider: the reason for the delay; and any action taken by the person to dispute the dismissal;

What are my financial liabilities if I lodge a FWC application?

Each party is required to bear their own costs in relation to a FWC matter (section 611) thus you are not liable to pay the costs incurred by your employer.

How do I lodge an unfair dismissal or general protections application?

You must complete the unfair dismissal or general protections application form prior to lodging it with the FWC. The relevant forms to be filled out are: Unfair dismissal – Form F2;

What can I claim in a general protections application (not involving dismissal)?

If your employer takes adverse action against you in contravention of a general protections, they may be found to have breached a civil remedy provision, which may make them liable to pay a penalty.

What should I include in my General Protections application (involving dismissal)?

A general protections application Form F8 is based on your employer taking adverse action against you because of a particular attribute and/or protection. You should ensure that you address each criterion and question in the general protections application form.

Am I eligible to make a general protections application (involving dismissal)?

The Fair Work Act 2009 (Cth) protects against the taking of adverse action against you including dismissal section 342 for defined reasons including:

Is micromanaging bullying?

Definition of micromanagement Micromanagement occurs when managers unnecessarily interfere with, involve themselves in and overly interact with you and your work on a regular basis.

Am I protected if I try to enforce proper nurse/patient ratios in order to provide adequate care to patients?

You are protected by the law if you enforce proper nurse/patient ratios and do it in the correct manner. While patient care is a motivator for correct staffing levels, it is also essential for you in your capacity as a nurse.

Where staffing is too low you may be required to skip procedures or neglect duties. Your performance may be seen to be substandard and you will be held accountable for your make mistakes. These mistakes could see you disciplined by the Nurses Board.

I have been falsely accused of sexual harassment, what can I do?

You should ask the company for the exact nature of the allegation against you before you reply.

Can I get sacked because I have a personality conflict with a manager?

You might be bullied at work because you have a personality conflict with a fellow employee or a manager.