Workplace Bullying Compensation Payouts

Each year, approximately one in every 10 Australian workers experience bullying in the workplace. Fortunately, support in the form of compensation and treatment is available for workers whose health has suffered because of workplace bullying.

In this article we explain what you need to know about compensation for workplace bullying, how to tell if you’re eligible to claim, and how to to maximise your workplace bullying compensation amount.

Workplace bullying compensation payouts – how to know if you’re eligible.

To determine whether you’re eligible for workplace bullying compensation, you must meet the following criteria:

• You’ve suffered injury or illness supported by medical evidence
• Your injury or illness was directly the result of workplace bullying

It’s important to note that your claim will not be successful if your injury was caused as a result of ‘reasonable management action’ – which is action taken by your employer relating to your work performance that they can argue was reasonable. This can include disciplinary action, demotion, transferring out of a department and even dismissal.

Workplace bullying case studies – recent compensation paid for workplace bullying.

We recently represented a client, Janice, who was a teacher at a primary school and was unfortunately subjected to intimidating and humiliating behaviour by a colleague over an extended period. Janice’s colleague would not only belittle her in front of other staff members but also to her students.

Janice initially reported the behaviour to her principal, but the principal failed to act or at least address the colleague about his behaviour. It continued and as a result, Janice became deeply affected. Physically, she lost weight, couldn’t sleep and suffered from indigestion. Mentally, she lost all confidence and was constantly reliving aspects of the abuse in her mind. Janice was eventually diagnosed with PTSD and was certified unfit to continue working as a teacher.

Janice’s lawyer gathered evidence, contacted her employer’s insurer and helped arrange an independent assessment to determine her level of permanent impairment. The diagnosis of PTSD was confirmed, and Janice was assessed as having 19% whole person impairment. As a result, her lawyer was able to claim a lump sum for permanent impairment. Given the fact that her employer failed to put measures in place to prevent the continuation of the bullying after being made aware of it, Janice solicitor’s attention then turned to pursuing a damages claim.