Feeling stressed or bullied at work? Here’s some practical legal advice
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We spend a lot of time at work, so it can be very stressful if you’re constantly encountering uncomfortable situations with your colleagues or superiors. Maybe it’s that colleague who consistently undermines your work, or a manager whose “feedback” in front of clients and your peers is a personal attack.
If this sounds familiar, you’re not alone. Reports of workplace bullying are increasing across Australia, and many Canberra workers are discovering they don’t have to suffer in silence.
Under ACT Workers’ Compensation legislation, you may be entitled to compensation if workplace bullying has caused you psychological harm. We spoke to the experts at MEJ for advice.
Understanding psychological injury compensation
The Workers Compensation Act 1951 (ACT) recognises that “injury” includes mental injury. This means you can claim workers’ compensation if workplace bullying causes you psychological harm.
However, you’ll need a formal diagnosis from a medical professional, which could be your GP, psychologist, or psychiatrist, documenting the psychological impact of your workplace experiences.
What constitutes workplace bullying?
Common bullying behaviours include persistent harsh language and verbal abuse, deliberate humiliation in front of colleagues, inappropriate “practical jokes” targeting individuals, unreasonable work demands designed to set you up for failure, and physical harassment or intimidation.
The key is whether behaviour is repeated, unreasonable, and creates health and safety risks. Isolated incidents typically won’t meet the threshold, but persistent patterns often will.
When employers’ actions are reasonable
Not all mental injuries caused by bullying are compensable. Mental injuries caused by “reasonable action” taken appropriately are excluded from compensation claims.
Reasonable employer actions include legitimate transfers for operational reasons, appropriate demotion or discipline when justified, honest and constructive performance reviews, and proper termination procedures.
The distinction lies in how actions are carried out. A constructive performance review is reasonable; the same review delivered with personal attacks may cross into bullying.
The essential steps to protect your rights
Document everything: Keep detailed records of incidents including dates, times, witnesses, and exactly what occurred. Email yourself timestamped details for reliable documentation.
Use official channels: Speak to management or HR and keep written records of these conversations.
Preserve evidence: Save relevant emails and messages. Ask colleagues to provide written statements about witnessed behaviour.
Seek professional support: Consult your GP or a psychologist about workplace stress impacts. Professional documentation becomes crucial evidence.
Consider professional assessment when bullying persists despite official complaints, you’ve received a formal psychological diagnosis related to workplace stress, bullying has affected your ability to work, or your employer hasn’t adequately addressed the situation.
You shouldn’t endure psychological harm as part of your job. Taking action creates accountability that can prevent others experiencing similar treatment.
Your mental health matters. When workplace behaviour crosses from reasonable management into bullying, you deserve support and appropriate compensation.
If workplace bullying is affecting your mental health, MEJ’s compassionate team can help you understand your rights and compensation options. Contact the MEJ team today.
