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We are well aware of the challenges employers face when confronted with workplace bullying and discrimination claims. Our skilled legal team is ready to offer specialised advice and strong representation to effectively manage these sensitive issues. We are committed to supporting you through every phase of this complex process, ensuring you have the necessary resources and guidance to address these claims properly.

Karena Nicholls

Karena Nicholls

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What is Workplace Discrimination?

Workplace discrimination is where an employee is treated less favourably than another person in a hurtful, degrading, demeaning and/or unfair manner within the workplace because of reasons such as, but not limited to:

  • Race
  • Ethnicity
  • Sex
  • Sexual orientation
  • Age
  • Disability
  • Family responsibilities
  • Religion

Often, workplace discrimination occurs when an employer takes adverse action (such as dismissing an employee or treating the employee unfairly) based on the above characteristics of the employee.

Discrimination of an employee by an employer is unlawful. Any employee is protected, despite their employment status (full-time, part-time, casual etc.)

If you’re an employer who has had a workplace bullying claim brought against them we recommend obtaining legal advice to receive accurate information about your obligations relating to workplace discrimination.

What is Workplace Bullying?

Treating a person less favourably can include harassing or bullying a person. Workplace bullying is repeated, and unreasonable behaviour directed towards an employee or a group of employees that creates a risk to their health and safety. This could include intimidation, humiliation, or victimisation of an employee.

Bullying should not be confused with reasonable action taken by management, such as disciplinary action, control over the way in which work is carried out and decisions about performance.

What to Expect with Coutts Lawyers

Step 1: Initial Contact

Reach out to Coutts Lawyers via our website, phone, or in person. Briefly describe your matter.

Step 2: Consultation Appointment

Schedule and attend a meeting with a Coutts lawyer / Conveyancer to discuss the specifics of your matter and desired outcomes.

Step 3: Information & Legal Advice

Share all related documents and information. Your lawyer / Conveyancer will review everything, clarify aspects as needed, and then advise on the best action course.

Step 4: Action Plan Development

Based on the advice, an appropriate action plan will be formulated. This may involve communication, documentation processes, or further legal steps.

Step 5: Implementation

Execute the action plan, addressing a range of legal scenarios as necessary.

Step 6: Resolution & Closure

Navigate towards a resolution, with the path determined by the nature of the matter. Your Lawyer / Conveyancer will outline any final actions or considerations.

Book Your Workplace Bullying & Discrimination Consultation Now

Introducing Karena

Your Compassionate Lawyer

Meet Karena, a Partner at Coutts Lawyers & Conveyancers, and the head of our esteemed Injury Compensation and Employment Law teams. With over two decades of experience in the field of Insurance Law, Karena’s passion, dedication, and client-focused approach have established her as a leading authority in compensation and employment law.

Karena Nicholls - Employment Expert
Karena Nicholls - Employment Expert

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Workplace Bullying & Discrimination FAQ’s

Discrimination in the workplace occurs when an individual is treated less favourably due to attributes such as race, ethnicity, sex, sexual orientation, age, disability, family responsibilities, or religion. This treatment can be overt or subtle and is unlawful regardless of the employee’s employment status.

Yes. While discrimination pertains to unfair treatment due to specific personal attributes, workplace bullying refers to repeated and unreasonable behaviour that poses a risk to an employee’s health and safety. Bullying can be a form of discrimination if it’s based on any of the protected attributes.

While workplace bullying involves harmful and repetitive behaviour, genuine management action is carried out in a reasonable manner. Management actions like performance reviews, disciplinary measures, and work controls, when done fairly, do not constitute bullying.

Typically, bullying involves repeated behaviours. However, a single severe incident might still have significant negative impacts and should be addressed promptly.

Employers could face legal consequences, including fines or compensation orders. Moreover, allowing such behaviours can lead to decreased morale, higher staff turnover, and potential reputational damage.

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