I work in the Australian Public Service (APS). I believe I have been bullied based on Fair Work's definition of repeated, and likelihood of ongoing, and posing a risk to health or injury. I am not going into the substance of allegations. I am interested in the process of lodging a stop bullying order with Fair Work Commission. I understand that this process is relatively new and there are relatively few precedents presumably because more often or not cases get resolved and/or settled.
Are there any precedents or personal experiences that others would like to share for my benefit and others who have gone down this path. I understand the cost and benefits that are involved with union and/or legal representation. I am considering one online employment lawyer who appears legit and experienced for review of the F72 documentation and the probability of success and best outcome sought.
Does the act itself of lodging an F72 more often or not force the employer to rectify the situation before it goes through the various stages of mediation, conference etc. I have seen the Youtube Fair Work videos on the process?
Secondly, I heard from one of the free consultations with a lawyer that a Deed of Separation can be negotiated by the lawyer? In the APS are employees able to be paid a separation amount if it is not in the Enterprise Agreement? How would this be calculated. I work in a large department and soon to be even larger and not sure how this could occur as some sort of ex-gratia payment?
I know the chronology of events has to be both concise and precise and I googled a few legal examples.
My jaw dropped when I heard from a fixed fee free 20 minute consultation with a lawyer $1,000 was the cost involved for a para legal to type up chronology of events. I queried whether they could review my chronology as I have typed up both a detailed and summarised version of events and referenced everything to documents (in my numeric referencing system). They were insistent that it had to be done by there para legals no editing or review. I could not justify the price when there was some fine tuning and referencing the data into that particular law firms style. I could justify the expense if it was a lawyer and it was 1-2 hours of work. However, it was para-legal only.
Anyway, would be keen to keen to hear from others who have experienced bullying in the APS and gone through the Stop Bullying Order process.
Are there any precedents or personal experiences that others would like to share for my benefit and others who have gone down this path. I understand the cost and benefits that are involved with union and/or legal representation. I am considering one online employment lawyer who appears legit and experienced for review of the F72 documentation and the probability of success and best outcome sought.
Does the act itself of lodging an F72 more often or not force the employer to rectify the situation before it goes through the various stages of mediation, conference etc. I have seen the Youtube Fair Work videos on the process?
Secondly, I heard from one of the free consultations with a lawyer that a Deed of Separation can be negotiated by the lawyer? In the APS are employees able to be paid a separation amount if it is not in the Enterprise Agreement? How would this be calculated. I work in a large department and soon to be even larger and not sure how this could occur as some sort of ex-gratia payment?
I know the chronology of events has to be both concise and precise and I googled a few legal examples.
My jaw dropped when I heard from a fixed fee free 20 minute consultation with a lawyer $1,000 was the cost involved for a para legal to type up chronology of events. I queried whether they could review my chronology as I have typed up both a detailed and summarised version of events and referenced everything to documents (in my numeric referencing system). They were insistent that it had to be done by there para legals no editing or review. I could not justify the price when there was some fine tuning and referencing the data into that particular law firms style. I could justify the expense if it was a lawyer and it was 1-2 hours of work. However, it was para-legal only.
Anyway, would be keen to keen to hear from others who have experienced bullying in the APS and gone through the Stop Bullying Order process.
