Legal Analysis of Workplace Bullying: Case Studies and Scenarios

This case study analyzes workplace bullying and harassment scenarios within the framework of Australian law, specifically the Fair Work Amendment Act 2013 and the Sex Discrimination Act 1984. It examines a case where an employee, Joel, experiences bullying from coworkers, including remarks, jokes, and humiliation. The analysis covers the legal definitions of workplace bullying, the relevant acts, and the employer's responsibilities in addressing such issues. The study also delves into related legal concepts such as testimony, evidence management, and exceptions to the doctrine of res gestae. Several scenarios are presented, including one involving sexual assault in a nightclub, exploring how evidence is presented and the legal implications for the victim and potential perpetrators. The document provides an overview of the legal recourse available to victims of workplace bullying, including options for complaint and legal actions through various Australian governmental bodies and commissions. The analysis emphasizes the importance of ethical behavior, safe work environments, and the prevention of bullying in the workplace.

Running head: ANSWER QUESTIONS
Answer Questions
Name of the Student
Name of the University
Author Note

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Table of Contents
Case Study.......................................................................................................................................2
Scenario 1........................................................................................................................................7
Reference.......................................................................................................................................11

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Case Study
1. According to the case facts, Joel has been faced work place bullying in her work place. His
team members has using remarks, made jokes, talked in nasty ways and even in front of the
Officer Manager also. Several times, he has been humiliated, harassed and criticized in the
workplace, which is against of the law in Australia.
Therefore, her co-worker and employees in the work place have harassed Joel unlawfully.
They have interacted with him in nasty ways, which is against of the Discrimination Act in
Australia. The co-worker and employees has also bullying him in with unpleasant behavior in
the work place. The bullying can be define as The Fair Work Amendment Act 2013 defines
workplace bullying as repeated unreasonable behavior by an individual towards a worker which
creates a risk to health and safety. Under the bullying, it could be define verbal or physical
assaults to any individual person, which could create psychological abuses. It could be yelling,
screaming, or any offensive languages. The isolating behavior or psychological harassment,
providing impossible job is also recognize as bullying. When a person is repeatedly facing
several unreasonable issues by any individual or any group in the work place and it creates risk
to healthy and safeties then it will the bullying for the person. Therefore According to the fact of
the case the issue has been arises when Joel has faced several bullying and harassment behavior
from her co-worker (French, Boyle and Muurlink 2014).
2. Under the Fair Work Amendment Act 2013 of Australia workplace bullying is against of the
Discrimination Law because such unethical behaviors can affect risk to healthy and safety issues.
Bullying can be explained when a person is behaving towards his co-workers aggressively, or

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making jokes or teasing, behaving inappropriately, has been excluded someone from any work
related events or have demands for any unreasonable issues related to the work.
However sometimes, when at the work place if someone has been asked to improve the
work requirements then it will not recognize as work place bullying. The managements never
granted as workplace bullying and could take any actions. If the organization needs to require
development in the working place then the management, authority can take any actions against
the employee. However, this will never recognize as workplace bullying.
There could be several reason can be explained which causes the workplace bullying and
harassment. The Psychosocial Safety Climate Hypothesis defines the issues, which has been
caused due to the poor quality of works, which turns it to bullying and harassment. The
Productivity hypothesis, which is occur due to the lack of productivity and caused the bullying
and harassments in the workplace. The Retain-and-build Personal Power Hypothesis is defined
another explanation where the harassment and bullying can be occur due to the maintaining of
status quo of personal power or power distribution within organisations.
3. According to the Sex Discrimination Act 1984 has been described the harassment in the
workplace to the one employee by another employee. A person could harassed by his or her co-
workers or employees at their workplaces. The harassment can be defined as the inappropriate
behavior towards one individual or the other individual can humiliate him. Therefore, it is
require responding by the person who has been bullying by the co-worker or the employees
(French, Boyle and Muurlink 2014).
Under the Fair Work Amendment Act 2013 the bullying has been defined where a person
can be repeatedly faced unethical behavior by another person through yelling, screaming, or any

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offensive languages or teasing about their weaknesses. Therefore, it is also important to prevent
the bullying in the workplace by the employees, which has been occur by other employees. This
is important to prevent such actions like bullying in the workplace. Therefore, it is require to
consults with the issues regularly by the authority about the issues. A standard of ethical
behavior should have maintained in such issues. A safe system should take in the workplace by
providing such resources in the workplace. The authority maintains a safe environment for the
employees where the workplace should be safe from every healthy issue (French, Boyle and
Muurlink 2014).
4. According to the case facts, Joel has facing several bullying and harassment by his co-
workers. His team members has using remarks, made jokes, talked in nasty ways and even in
front of the Officer Manager also. Several times, he has been humiliated, harassed and criticized
in the workplace, which is against of the law in Australia.
Therefore, it is the duty of the authority that they will take urgent actions against those
employees who has involved with such unethical behaviors in the work place and prevent such
issues. . First, it is require for Joel that he need to complain against such bullying, which he has
faced by his co-workers. They the higher authority will look for the issues, resolve, and provide
safe environment for his where he does not have any risk and unhealthy environments (French,
Boyle and Muurlink 2014).
The workplace bullying and harassment are all included in the unethical behavior.
Therefore the managements will corporate with the employees who have faced such bullying in
the workplace and ensure that person about that if future the same incident will never take place.
The work place authority will design a safe environment for re employees where it should

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completely safe from any bullying and all kinds of legal assurance will be provided to that
person. They also take disciplinary actions for such misconduct behaviors. The management can
also ask to the employee about to perform reasonable duties for keeping the jobs (French, Boyle
and Muurlink 2014).
5. According to the Fair Work Amendment Act 2013 and the Sex Discrimination Act 1984 has
defined the bullying and harassment by the Australian Government. One of the important way
which has been taken trough the conciliation and mediation process out of the courts where
issues can be solved the conflicts which has been occur due to bullying. The Human Rights
Commissions of Australia has also introduced several rights for the employees who have faced
work place bullying where they can ask for their legal rights and take legal actions against such
bullying in the workplace. If the bullied has occur for a particular reason such as the person’s
sex, disability, race or another attribute that is protected under the Discrimination Act 1991, or
the bullying is of a sexual nature, the person can lodge the complaint with the ACT Human
Rights Commission, or the Federal Australian Human Rights Commission. The Equal
Opportunity Act 1984, the employee may lodge a complaint with the Commissioner for Equal
Opportunity under the Australia Government (French, Boyle and Muurlink 2014).
The Western Australian Industrial Relations Commission under the unfair dismissal
provisions in the Industrial Relations Act 1979 also provides the legislations where any person
cam complains bullying in the workplace. If any person has being forced to resign due to the
effects of bullying then that person can also make an complain under the Western Australian
Industrial Relations Commission under the unfair dismissal provisions in the Industrial Relations
Act 1979. The Australian Police has provide various rights for the person who has been faced
with physical assault, threats of violence, sexual assault along with the workplace bullying they

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can lodge complain against such disputes. A worker first applies to the Fair Work Commission
(the Commission) for an order to stop bullying at work from continuing. This right comes from
the Fair Work Act 2009 (the Fair Work Act) (French, Boyle and Muurlink 2014).

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Scenario 1
1. Testimony is a definition of a declaration, which has been made verbally, or response through
an oath through the presence of a lawyer or any authorized public official authority.
The real evidence is a form of physical evidence where any material objects provides the
litigations in a judicial proceedings which helps to represents object's physical characteristics
(Meierhenrich, 2014).
2. The evidence management is a form of administration and control of evidence which is used
to define the circumstances of such events and tested by the independent parties for collecting
evidences.
The chain of continuity or chain of custody is a form of legal contexts, which is also,
refers as chronological documents, which represents the custody or control or transfer or analysis
as physical or electronic evidence.
3. Admission is defines as an acknowledgement which has made by one person in a criminal
procedure where it has inconsistent with the true claims. The confession is a another form of
statement which should be made by one person about the facts which should be keep hidden.
Joe is confession to the police officer.
4. According to the case facts, Joe has walking out of the shop with a pair of $250.00 roller
blades, secreted in his backpack buy denied about his stealing of the roller blades. Now in the
trial he can face of possible negative consequences about not providing the cost of the objects,
which he has been hiding in his bag pack (Meierhenrich, 2014).

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Scenario 2
5. Connor has given to the police about her real evidence, which she has faced of sexual assault
in the nightclub. The evidences which has provided are real evidences and testimonies where she
has make the acknowledged about the evidences which can hekp her to prove abut the sexual
harassment she has faced.
6. Doctrine of res gestae is a common law governing doctrine, which has provides testimonies.
At the time of the prosecution, the court can refuse to collect or hear witnesses from other
persons but in the doctrine of res gestae it sets an exceptions in this. Due to the fairness and
possible inaccuracy, the doctrine of res gestae can be heard (Walsh and Black 2015).
7. The exceptions are Present Sense Impression, Excited Utterance, Existing Mental, Emotional,
or Physical Condition, Statement Made for Medical Diagnosis or Treatment, Recorded
Recollection, Records of a Regularly Conducted Activity, Absence of a Record of a Regularly
Conducted Activity, Public Records, and Public Records of Vital Statistics. The public records
are applicable in this case.
8. According to the evidences, which has given, by Cannor has only based according to her
testimony, which is a definition of a declaration, which has been made verbally, or response
through an oath through the presence of a lawyer or any authorized public official authority. The
prosecution authority must overcome such difficulties according to the testimony (Meierhenrich
2014).
9. According to the scenario, doctor has not witnessed the situation but Connor has sent for the
medical examinations. Therefore, the evidence is completely depends on the medical reports
after the medical examination about the sexual harassment she has faced. The doctor was not

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present o the situation therefore the real evidence he may able to give but according to the
medical reports he can able to provide, the information about the physical injuries has occurred
with her (Walsh and Black 2015).
10. According to the case facts, Carla can provided the actual evidences where she can identify
the victim who has suffered the sexual assaults and the admission she has provided to the police
officers is taken as true statements in the case. The reasonable suspicion is the form of evidence,
which must be present in the court.
11. a. Privilege against self-incrimination helps to ban a witness from providing the testimony,
which is self-incriminating.
b. Legal professional privilege helps and protects a professional legal advisor and the clients
from keeping the privacy.
c. Without prejudice communications which defines preventions from those statements which
are made for a genuine attempts for resolving the disputes.
d. Public interest immunity is the process where the court grants the orders, which allow litigant
from keeping the privacy of evidence according to the demands of public interest.
e. Religious confession is a form of beliefs, which provides the importance to the unambiguous
assent to the whole of a religious teaching.
12. The stages involved in examination of witnesses are Examination-In-Chief where witnesses
have examined by the party for whom he has been called in the court. Cross-Examination is a
process where the opinions have been taken from the witness for the collection of evidences and

11ANSWER QUESTIONS
Re-Examination is the examination of a witness, subsequent to the cross examination by the
party who called him shall be called his re-examination.
13. In the form of evidence the impacts of the lawsuit related with the evidence has been found.
If the evidence has been illegally obtained and applied to the criminal facts and violates the
constitutional protection against illegal searches then it will recognize as consequences of the
evidence.
14.
Sub: A letter to providing information of documentary evidence provisions
Dear Jenny George,
This is notify to you that as you do not have any birth records and birth certificates
therefore according to the Evidence Act Queensland 1977 (Qld) you need to provide appropriate
documentation of the residential prove of your parents. It is required to submit all the evidential
prove to court.
Thank You
15. The Best Evidence Rule is defined such legal terms and principal who provides the original
copy of any documents superior evidence. According to the fact Jenny can stated that the original
documents can obtained.