Mapping the Legal Remedy Pathways for Workplace Bullying: A Preliminary Overview

Abstract

In this paper, through the lawyers' lens, we identify some of the problems associated with pursuing workplace bullying actions in Australia. Although a new national anti-bullying regime commenced on 1 January 2014, it is still early days. However, it is already clear that the new regime is no panacea for workplace bullying. It may operate as a 'Stop sign' so far as bullying behaviour is concerned but it offers little other remedy to bullying targets who must still pursue other avenues to seek redress for past and current harms. We identify some of the pitfalls associated with pursuing justice and achieving remedy via the legal pathways ­the new regime, the common law, anti-discrimination law, the criminal law, the industrial regime, work health and safety law, workers compensation law, administrative law and consumer protection law.

Keywords: Bullying, Australian legislation

JEL Classification: K19, J71