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Can You Be Harassed While on Leave? Employees Need to Know…

Lawyer-in-charge: Melissa Care

When workplace stress turns into harassment, knowing your rights — and acting fast — can change everything.

At Coutts, our Employment Law team, led by Employment Law Expert Melissa Care, recently assisted a client who faced harassment and intimidation from her employer while on personal leave for stress and anxiety. The client was subjected to false allegations, performance pressure, and threats to withhold her pay, all while recovering from workplace-related stress.

With Melissa’s guidance, a General Protections Claim was lodged under the Fair Work Act, protecting the client from unlawful treatment. Through careful negotiation, the client achieved a remarkable outcome; all allegations dropped, full pay and entitlements received, and even additional payments that went beyond standard legal obligations, including 6 weeks of personal leave and pro-rata long service leave, both typically unpaid on resignation.

This case highlights an essential truth: you have rights even when you’re on leave, and with the right legal support, you can protect them.

Contact Melissa Care


Contact Melissa today to chat about your Commercial, Local Government and Employment Law matters.