An order in relation to workplace bullying may only be made by the Commission where it finds that there is a risk of the bullying continuing. In most circumstances this will mean that an order cannot be made where the worker is no longer in the relationship where the bullying has occurred.
If a person has been dismissed they may be eligible to make one of several different types of dismissal application to the Commission, they may also be eligible to make claims in other Federal or State jurisdictions instead.
The Commission has created other benchbooks which contain detailed information and links to cases setting out eligibility and the Commission process, including information on objections.
- access the Unfair dismissals benchbook
- access the General protections benchbook
If you would like free legal advice or other advisory services there are Community Legal Centres in each state and territory who may be able to assist.
The law institute or law society in your state or territory may be able to refer you to a private solicitor who specialises in workplace law.
Employee and employer organisations may also be able to provide advice and assistance.