Bullying and harassment claims: how an AHRC complaint can boost your compensation
Everyone deserves to feel safe at work and school — but sadly, bullying and harassment are still everyday realities for too many people. In 2023, one in two Australian workers reported experiencing bullying or harassment, and more than 15% of kids aged 8 to 18 have been bullied at least once a week.
If you’re experiencing bullying or harassment, you can file a complaint with the Australian Human Rights Commission (AHRC). The AHRC can help you work toward a fair resolution, whether that’s an apology, job reinstatement, or compensation. In many cases, an AHRC complaint can result in a much larger payout than workers compensation.
While workers compensation provides weekly, capped payments for lost income, medical costs, and other economic losses, an AHRC complaint offers uncapped compensation that covers both the financial and emotional impact of your situation. This means that if the bullying or harassment has had a significant impact on your life, an AHRC complaint may offer more financial relief than workers compensation alone.
Read on to learn more about the AHRC complaint process and how to achieve the best outcome if you’re facing bullying or harassment.
What is the Australia Human Rights Commission?
The Australian Human Rights Commission is a national organization that investigates discrimination and human rights complaints in a free and confidential way. They also advocate for human rights in laws and policies, providing advice and making submissions to government inquiries.
Can I make a complaint to the AHRC?
You can make a complaint to the AHRC if you’re dealing with bullying or harassment and you’re:
- An employee.
- A student at school, university or another educational institution.
Bullying vs. harassment: what’s the difference?
Bullying is any repeated and unreasonable behaviour that puts your health and safety at risk. It goes beyond just verbal abuse and can include physical, cyber, or social actions. Some common examples of bullying are:
- Harassing someone based on their race, sex, religion, gender, or disability.
- Keeping someone out of a group (either online or offline).
- Acting unpleasantly or aggressively towards someone.
- Giving nasty looks, making rude gestures, calling names, being impolite, and constant teasing.
- Spreading rumours or lies, or misrepresenting someone (e.g., using their social media to post messages as if it were them).
- Intentionally and repeatedly physically hurting someone.
- Stalking someone intentionally.
- Abusing a position of power, like being a manager or prefect, to bully others.
Harassment, on the other hand, refers to behaviour that offends, humiliates, intimidates, or creates a hostile environment. Examples of harassment can include:
- Telling insulting jokes about racial groups.
- Sending explicit or sexually suggestive emails.
- Displaying offensive or pornographic posters or screen savers.
- Making derogatory comments about someone's race or religion.
- Asking intrusive questions about someone's personal life, including their sex life.
This list is just a few of the common examples recognised by the AHRC. The key point to remember is that if you find a behaviour offensive, humiliating, or intimidating — especially if it relates to your sex, race, age, or other protected characteristics — it counts as harassment. Your experience matters more than how the harasser or others perceive it.
How to make a complaint
To file a complaint with the AHRC, you’ll need to submit a written document (up to 20 pages) detailing the bullying and harassment you’ve faced and who was responsible.
To strengthen your case, make sure to include evidence such as witness statements and medical reports that show any psychological harm. This is particularly important if you’ve needed time off work because of your condition.
Collecting this evidence can be time-consuming and costly, so it’s a good idea to work with a No Win No Fee lawyer like Monaco. We’ll not only cover all the upfront costs of this evidence, but ensure that your complaint clearly demonstrates the bullying and its impact on your life.
What happens after I submit my complaint?
Once you submit your complaint to the AHRC, they’ll get in touch with you to discuss the details and might ask for more information. From there, they’ll usually reach out to the person or group you’re complaining about to gather their side of the story.
If the AHRC decide to go ahead with your complaint, both sides will be invited to take part in a process called ‘conciliation’.
Conciliation
Conciliation is an informal, simple way to sort things out between you and the other party. It’s all about creating a space where everyone can understand each other’s perspective and work towards a fair solution.
Possible outcomes include:
- An apology.
- Reinstatement (getting your job back).
- Changes to company policies.
- Compensation for your financial and emotional losses.
How much compensation could I receive?
Unlike workers compensation, an AHRC complaint offers broader compensation: covering not only past losses like medical bills and lost income, but also future financial losses and the impact of your condition on your life. This means you could get a significant payout in the hundreds of thousands. If your condition is serious, you could receive millions.
The exact amount will depend on factors such as the severity of your condition and how it affects your day-to-day life and ability to work.
Depending on your situation, your compensation may cover:
- Lost income and superannuation: for both past and future earnings.
- Care and support: including professional help or assistance from family/friends, especially if you can’t care for your child or other dependents.
- Pain and suffering: addressing the physical and emotional impact of your condition.
- Additional costs related to your condition: covering medical expenses, medications, ongoing therapy, and travel between treatments.
Given the amount of compensation on the line, it’s essential to get legal advice before you start a complaint. We’ll confirm your eligibility, guide you through the complaint process, and ensure you receive the maximum payout possible for your condition.
Do I need a lawyer for my complaint?
The AHRC isn’t a court, so it can’t rule on whether something is unlawful discrimination. This means you don’t need to have a lawyer to file a complaint or respond to one. However, having a lawyer can be extremely helpful, depending on what you want from your complaint.
If you’re just looking for an apology, you may be fine on your own. But if you’re after a specific outcome — like getting your job back or securing compensation for all your losses — working with a lawyer is key.
We’ll help you create a strong, detailed complaint supported by solid evidence showing the full physical, mental, and financial toll the bullying has taken on your life. During conciliation, your lawyer will present your case clearly and handle all negotiations, ensuring you get the result you deserve.
The best part? If you choose to work with a No Win No Fee firm like Monaco, there’s no risk at all. We cover all costs, including medical reports and expert evidence — and you won’t pay a thing unless we win your claim.
What happens if my complaint is not resolved?
If your complaint isn’t resolved right away, the AHRC might ask for more information before making a final decision. However, if the President of the AHRC decides your complaint can’t be resolved, it could be terminated. This can happen if they determine your complaint isn’t strong enough or has already been dealt with by another agency.
If your complaint is terminated, don’t stress — you still have options. For instance, depending on your specific situation, you could take your case to Family or Federal Court. This is a formal legal process, so it’s vital to work with a lawyer if you decide to go down this route. Keep in mind, you’ll need to apply within 60 days of your complaint being terminated by the AHRC.
To sum up
If you’re facing bullying or harassment at work or school, an AHRC complaint can help get your job back or secure substantial financial support — often much more than weekly workers compensation payments alone.
With so much compensation at stake, it’s crucial to consult a lawyer first. We’ll assess whether an AHRC complaint is your best option and walk you through any other claims you might qualify for, like common law damages or Total and Permanent Disability. These claims are often worth significantly more than your AHRC compensation alone.
Want to know more about your options? Contact us today for a free consultation. We’ll review your situation and discuss all your potential claims, ensuring you’re compensated for the full emotional and financial impact of your condition on your life.
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