Bullying complaint prior to redundancy?

[bob123]

I have what I believe to be a strong bullying claim against my direct manager that I am considering lodging with my companydisrespectful phone calls and one instance of a subtly implied physical threat etc have already spoken informally to my manager plus one who said he would speak to the person concerned. I have since been put on the project demobilisation list (was due to happen anyway due to time). It is likely however I will just get redundancy though other projects are available that involve relocating. I dont feel I am being shoved out and would be quite happy with redundancy. However I have 2 questions:
1. Should I lodge this complaint prior to being laid off? This would be primarily to stop the bullier for future victims but also to protect any future references I might need.
2. If I make this complaint is it likely to jeopardize my redundancy in any way, or result in an increased payout to get me to retract it (assuming the company is thinking of their own future potential liability etc)
3. Would a verbal

 

[bob123]

continued:
...discussion with the perpetrator be a bad idea? Obviously this would be the first step the company would like to do, but he has previously "apologized"by email, yet continued his behaviour, so I have no reason to accept another "apology" as genuine. Considering that, would it jeopardise any claim if I refused to sit down with him? I have looked at the FairWork Commision guidelines and it seems that his persistence of behaviour following my request to change it would be pretty damning for him.
4. Is the best option just to take whatever redundancy they offer and just walk away? However if I do this I feel I will leave my reputation damaged and also woudl be letting him away scott free to move onto his next victim.
5. When is the best time to make a complaint? There are 3 weeks left. Now, or wait until the last minute?
6. Would it be worth contacting an employment lawyer to take it further

Basically just wondering what is the best option to get me the best payment and get this guy disciplined appropriately

 

[Blessing]

If you want to complain simply to stop the behavior further for future victims a lawyer would be a waste of money.

You food give your detailed complaint after you get your redundancy.

By law complaining shouldn't affect your redundancy but that's not to say it won't

 

[bob123]

A few other questions:
What about asking colleagues to be witnesses? Do I need to do this if using referring to them in the complaint? Would this put their jobs at risk (in practical terms)?
Can I keep printouts of emails to be submitted with the claim post redun? Alternatively can I just quote the emails or refer and give dates? Should I get a lawyer to look everything over prior to submission? Thanks

 

[Matthew Lynch]

If you are making a bullying complaint against someone, but you are leaving the company in three weeks, the Fair Work Commission will likely see that as a solution to the problem in relation to you personally.

Generally with bullying complaints the FWC may suggest changes to the workplace such as policies if those dont already exist. Or education of the policies they do have.

If your colleagues make allegations against your manager that have merit then your employer might appreciate this being brought to their attention, or your employer might resent those colleagues for 'making trouble'. You really need to assess the risk to your colleagues yourself based on your knowledge of your employer. Legally witnesses provide valuable evidence to prove disputed facts.

A lawyer would always assist in the preparation of a complaint based on law, however is not necessary.

If you would like to discuss it further please get in touch.