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

39(2) Alternative Law Journal 94-98

6 Pages Posted: 5 Aug 2014

See all articles by Allison J. Ballard

Allison J. Ballard

University of Canberra - School of Law

Patricia L. Easteal

University of Canberra - School of Law and Justice

Date Written: 2014

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

Suggested Citation

Ballard, Allison J. and Easteal, Patricia L., Mapping the Legal Remedy Pathways for Workplace Bullying: A Preliminary Overview (2014). 39(2) Alternative Law Journal 94-98. Available at SSRN: https://ssrn.com/abstract=2476247

Allison J. Ballard

University of Canberra - School of Law ( email )

Australia

Patricia L. Easteal (Contact Author)

University of Canberra - School of Law and Justice ( email )

Australia

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