“It’s life Jim but not as we know it”
Finding causes of action outside the WorkCover jurisdiction for those hurt by bullying and harassment


“What legal options does an employee have if they feel that they are being bullied or harassed in the workplace? Traditionally, most legal claims of bullying have been addressed through a claim to WorkCover for a workplace injury. Other options have been historically limited and have generally depended on the existence of an additional factor to the bullying itself, eg termination of employment or proof of prohibited discrimination. Indeed, until 1 January 2014, the most direct form of legislation addressing workplace bullying was workplace health and safety legislation. The situation is changing although workplace bullying remains a difficult area for the law.

This paper seeks to give an overview of the different legal mechanisms currently available for aggrieved persons to address workplace bullying, apart from workcover claims. This will hopefully be of assistance to practitioners used to the personal injuries jurisdiction when considering the range of legal options open to clients.”