A member asked over 7 years ago

What are our options?

My partner got a kidney infection due to her job as a traffic controller. Her boss has told her workmates it was due to bad hygiene and said that her and another workmate were discussing how they could "smell" that she had a urine infection. This has embarrassed my partner and she is getting depressed. I have recorded her (without knowledge) saying this. The boss claims that she was not informed that my partner was on medical leave. Her boss also claims that the Kidney Infection is not a workplace injury however in my recording she admits that if she wasn't the boss she would happily concede that the infection was a direct result of the work environment. Can we bring action against the company or the boss?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. It sounds like your partner is in a difficult position and may be a victim of workplace bullying. The law says that workplace bullying occurs when someone repeatedly does or says something that creates a risk to a worker’s health or safety at work, is unreasonable and would victimise, humiliate, intimidate or threaten most people if it happened to them. Workplace bullying is unlawful and there are options available to deal with the problem.

Your partner should first investigate whether she can lodge a formal complaint with her employer, as this will be the quickest option to resolve the problem. If her employer does not have a formal complaints mechanism, she could complain to an agency other than her employer.

The Fair Work Commission is a national workplace relations tribunal that, among other things, can hear a complaint by a worker who is covered by Australia’s workplace relations system and who is a victim of workplace bullying. The Commission has the power to make an order stop workplace bullying. More information can be found atwww.fwc.gov.au.

Alternatively, if your partner has been a victim of discrimination, she could lodge a formal complaint with the Anti Discrimination Commission Queensland who will investigate the complaint and attempt to resolve the issue. Visitwww.adcq.qld.gov.aufor more information.

Suggested way forward

It sounds like your partner would benefit from speaking to an employment lawyer so she can get comprehensive advice about her legal rights and options. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 7 years ago   Legal disclaimer

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