Jump to Share article Share to Facebook Share to Twitter Share to LinkedIn Email Share link via email Jump to heading Workplace Bullying has a special legal definition, that is slightly different to our ordinary understanding of the word. To meet the legal standard of Workplace Bullying, the conduct needs to be: A risk to health and safety (including mental health); and Happen more than once. To address bullying in the workplace, an employee should generally first look at their internal policies and procedures, if it’s not resolved – then they should consider making a Stop Bullying Claim. If you want to make a Stop Bullying Claim after ending employment; the bad news is, you’d probably be unsuccessful. The good news is that there may be other legal claims or at least practical options available. So why can’t I make a stop bullying claim after ending employment? For Stop Bullying Claims – a Commission generally considers two things: Whether workplace bullying occurred; and Whether there is a risk the employee will continue to be bullied. If you don’t work for the employer anymore, then the Commission will likely dismiss your claim because there is unlikely to be a risk that you will continue to be bullied. The same principles are likely to apply in the case where the bully leaves employment. Even if you are still employed, if the bully is fired or resigns – then your Stop Bullying claim will likely be dismissed as there is no longer a risk you will continue to be bullied. What are my other options? Fortunately, there may be other legal claims or practical options to take if you have missed the timing to make a Stop Bullying Claim. Discrimination You can make a discrimination complaint, even after finishing employment. There are protected characteristics under the law, and you can generally make a discrimination complaint if you have been treated differently because of a protected characteristic. These characteristics including (but not limited to): Race Age Sex Pregnancy Disability (including temporary illness and mental health) If you have been bullied because of a protected characteristic then you may be able to make a discrimination complaint. Please see our publication for more information: Q&A: Workplace discrimination for WA workers. Dismissal Claims If you felt like you were bullied out of a job, you may be able to make a dismissal claim. Time limits for dismissal claims can be as short as 21 days from the date of dismissal. For more information, please see our publication: Q&A: Dismissal for WA employees. Workers Compensation If you have been hurt mentally or physically because of the bullying, you may want to contact Work Cover WA on 9388 5555. Complaint to Worksafe Workplace bullying is a risk to worker’s health and safety. Worksafe is the work, health, and safety regulator in WA. To make a complaint to Worksafe, you can contact them on 1300 307 877. It is natural to consider your legal options after finishing employment. When it’s too late to make a Stop Bullying claim, there are generally other options to consider. Please be aware that this resource provides general information only. It is not legal advice. If you have a question about how the law applies to your specific situation, you can click here to request free legal assistance.
