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Workplace legal action

meatloaf
Blue Voices Member
Blue Voices Member
Has anyone sued their workplace for bullying and failing to create a safe work environment and won?
12 Replies 12

white knight
Community Champion
Community Champion

Hi meatloaf

I nearly went down a similar road in 1987 but pulled out. It would have financially ruined me.

Times have changed and there is more chance of a favourable result however, life isn't so ideal, workplaces are poorly run and fighting them legally is the last option not the first IMO

Better to move on and seek a more ideal workplace which I did and kept my health.

Take care and think it through well.

Tony WK

Hey Meatloaf

I wish I knew Tony WK a few years ago. I tried and like Tony mentioned it just cost me my health. The time and mental energy I spent was a waste. Workplace bullying is a tough area. Moving on and putting it behind you will leave you in better mindset.

Your decision of course but tread with caution...It can be a rocky road.

Kind Thoughts

Paul

meatloaf
Blue Voices Member
Blue Voices Member
Thanks guys....my health is already ruined and I feel they need to pay. I won my workcover claim against them but I really want to make them pay...maybe I should walk away but I'm financially screwed and feel a win may compensate me enough to start again...bullying in work is such a huge problem I just don't understand why people behave like this

People act like this for "power". Like in a school yard picking on the weakest kid.

Yes they should pay a price. But how realistic is it to be successful in suing them.? If you are financially screwed now imagine an extra debt from lawyers well before any maybe positive court ruling?.

See. It is part of our courageous nature to fight for justice. Hence our anger followed by frustration when it isn't easily achievable.

At the peak of my fight with my employer my therapist said " in this modern world you are equally courageous walking away as you are fighting them but walking away is using wisdom".

Conflict isn't as it was centuries ago when it was settled by an immediate fight or an elders decision. Modern beauocracy has robbed us of a quick result.

So I ended up years later in a country environment working on my own (now retired) with my head held high. This followed my assessment that my values and tolerance didn't fit with being around other people. Nor was I able to accept the grey areas of human behaviour like manipulation, nasty remarks and stabbing you in the back activities.

Time is a healer in part. Like many things our head over ruling our emotions can save us from ourselves.

Tony WK

Kazzl
Blue Voices Member
Blue Voices Member

Hi meatloaf - like most legal matters the decision whether to pursue a case depends on the individual circumstances and the most likely outcome.

Are you in a union? If so, seek their advice and support in making your decision. You could also seek an initial consultation with a reputable (check them out first!) compensation lawyer. They generally won't take you on unless they believe they can win. You could also do some research on precedent cases ... see if others have suceeded.

Entirely your decision, and I respect what the other posters have said. But I think it's worth looking into thoroughly before you decide one way the other.

Kaz

xxxx

pipsy
Community Member

Hi meatloaf. I really feel for you on this issue. My ex left his workplace after 25 years through bullying. He left last year. The bullying was management, proving it unbelievable. It would be nice if we could prove bullying, sue and get compensation. However knowing and proving is two completely different ballgames. Once you start this procedure, you have to have proof in writing, stating dates, times, situations, words spoken by the bully, reports from other workers backing your claims etc. The list is never-ending, the end result often results in the worker having to apologise for the original accusation. My ex tried to have his general manager's employment terminated. He left, she's still employed. She was investigated, but most of the claims were ignored due to lack of evidence. If you did win, by the time you pay your lawyer (you employed him/her, therefore, you pay), then there's possible court-case costs, or accepting an out of court settlement, usually less than the amount you originally requested. Most unions might look at the claims you're making, but without adequate back-up, i.e workmates claims, they would possibly advise against the action. Sorry if that's not what you want to hear, but I've seen so many people try to take action on this issue and lose due to lack of support. In an ideal world it would be lovely to see these people get their comeuppance, however we don't live in an ideal world.

Lynda.

meatloaf
Blue Voices Member
Blue Voices Member
Thanks guys...I've already had the bullying investigated and accepted by workcover ...I have everything in writing and I have dependant witness statements...the person had a history of such behaviour before I ever started working there and I warned my manager and HR over and over they were a health and safety risk. I think for me it's ruined my career and I'm nearly 50 what am I going to do now and who's going to employ someone who's been on workcover for depression?

Kazzl
Blue Voices Member
Blue Voices Member

Just make sure you get advice from a good employment lawyer meatloaf, and have a fall-back plan for if you don't win. Let us know how you get on.

Kaz

meatloaf
Blue Voices Member
Blue Voices Member

Thanks Kaz

i definitely will thank you

xx