Ok i think my job just screwed me but i didnt o****m, do i have a lawsuit

Question

long story but i'll be brief. 2 months of bullying on the job due to my disability. reported it to super. she did nothing, took it to HR no response, re-reported the abusive last night, go to work today and i've been let go. and was told my harassment complaint wasn't harassment, just the abuser was being rude and insensitive. but unless i can prove what was said was deliberately said to be harassment, i have no proof so my word against abuser. i think I'm being lied to. I'm told i wasn't fired i am laid off and i can collect unemployment. just seems a little to coincidental don't you think. do i have grounds to sue?

Answer 1

Harassment is harassment. Contact your local legal aide to find out what your rights are! I am so fed up with employers thinking they can get away with sh**! Do what  you can! And good luck.

Answer 2

If you are in Australia, you have grounds for a case for 'constructive dismissal', whereby you have obviously been 'victimised' for 'whistleblowing'.

'All forms of harassment are unacceptable, especially in your case where you have been targeted (as you feel it) due to your disability.

Harassment is any form of behaviour that is:

    * not wanted, not asked for and not reciprocated, and

    * humiliates, offends or intimidates someone, and

    * is based on attributes such as race, s*x, pregnancy, disability,   age, marital status, homosexuality, or attributes of a relative or associate. '

Are harassment and sexual harassment against the law?

Yes. In NSW, it is against the law for you to be harassed because of your:

    * s*x;

    * pregnancy;

    * race (including colour, nationality, descent, ethnic or ethno-religious background);

    * age;

    * marital status;

    * homosexuality (actual or perceived);

    * disability (actual or perceived, past, present or future);

    * transgender status (actual or perceived); and

    * carers’ responsibilities (actual or presumed) in employment only).

In Australia there is the 'Reasonable Person Test'.

..'The main legal test of whether something amounts to harassment is whether, in the circumstances, a 'reasonable person' should have anticipated that their behaviour would offend, humiliate or intimidate. In either case, by definition, no one ever 'asks' to be harassed.

Harassment can take many forms. It can be unintentional or a deliberate attempt to upset someone. It can be a series of repeated behaviours or a single event. The range of behaviours that could amount to harassment is very broad - at its most serious, harassment can also be a criminal offence. '

Further to the harassment, there are clear OHS laws, where your safety, health and welfare is protected, and your employer is liable for the 'failure in the duty of care' also your manager is liable for the 'duty of care' to protect you, as they obviously failed.

You need to seek legal advice asap, as there are time-frames to lodge 'unfair dismissal' claims.

Good Luck.