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ARTICLE · 19 APRIL 2015

Bullying claim for bizarre workplace injury rejected

Good record management early on in the complaint process will save a lot of pain down the track.

AustraliaEmployment and HR

Key Points:

Good record management early on in the complaint process will save a lot of pain down the track.

An employee has been denied workers' compensation by the Workers Rehabilitation and Compensation Tribunal in Tasmania (The State of Tasmania (Department of Police & Emergency Management) v H [2015]), on the basis that alleged "belligerent, aggressive and intimidatory" behaviour by her colleague was not the most significant cause of an aggravation to the employee's pre-existing vulvodynia (a chronic pain syndrome affecting the external female genitals).

In the course of being directed to perform an administrative task, the employee conveyed to her colleague that she believed the request to be unreasonable and wanted to discuss the matter with her supervisor. Following the alleged "enraged" reaction of her colleague, the employee lodged a claim for workers"compensation citing alleged bullying by her colleague as the reason for the aggravation of her

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