ARTICLE · 10 JULY 2006

Record Award for Damages Regarding Workplace Bullying

Clayton Utz

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Bullying has been estimated to cost Australian industry in excess of $3 billion per year and, for its victims, can have significant psychological and emotional costs.

AustraliaEmployment and HR

Joe Catanzariti

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Bullying has been estimated to cost Australian industry in excess of $3 billion per year and, for its victims, can have significant psychological and emotional costs.

The legal position

Employers may be liable for workplace bullying under a range of laws, including occupational health and safety ("OHS") law, discrimination law, and workers' compensation. From the perspective of the victims of bullying, these laws often provide inadequate redress. OHS law punishes perpetrators but does not compensate victims; discrimination law is ineffective if the bullying does not occur for a "prohibited reason" such as race or sex; and workers' compensation is frequently limited. Nevertheless, a review undertaken of applications to the Victorian Civil and Administrative Tribunal indicates a significant increase in the number of complaints related to workplace bullying, at least in that jurisdiction. Despite this increase, most jurisdictions have no legislation specifically addressing bullying

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