How To Deal With Workplace Bullies Under Victorian Law

In the state of Victoria there is no specific legislation defining what bullying means. The only State in Australia which has tried to define bullying is South Australia, which includes a definition of bullying in Occupational Health and Safety Legislation.

Lawmakers in Victoria did not want to create a statutory definition of bullying so the Parliament decided that it would try to deal with people engaged in bullying by changing the definition of the crime of stalking in the Crimes Act 1958 (Vic).

Not only do the changes introduce a criminal offence of stalking, but also create an offence of "serious bullying" to cover very serious cases of bullying such as that which resulted in the suicide of Brodie Panlock. If a person is convicted of the crime of serious bullying they can be subject to penalties of up to 10 years imprisonment.

What kind of behaviour will satisfy the definition of 'serious bullying' under the new laws? The offence of stalking consists of behaviours like following a person, keeping them under surveillance or interfering with their property. The changes to the law relating to bullying type behaviours now fall under the stalking laws. Therefore if you believe you have been a victim of "serious bullying" you need to look firstly at what type of behaviour amounts to stalking.

A person, (the offender), stalks another person (the victim) if they engage in a course of conduct which includes the following:-

- making threats to a person

- using abusive or offensive words to or in the presence of the victim

- performing abusive or offensive acts in the presence of the victim

- directing abusive or offensive acts towards the victim and acting in a way that could reasonably be expected to cause physical or mental harm, including psychological harm, to the victim. Harm includes self-harm.

A course of conduct involves engaging in contact with a person which could reasonably be expected to cause the victim to physically harm themselves. A person can only be found to have breached stalking laws if it can be proven they engaged in stalking conduct with the intention to cause physical or mental harm to the victim, or arousing apprehension or fear in the victim for their own safety or that of another person.

How do you prove a person has such an intention? A person will be considered to have such intention if they knew or ought to have understood, in all of the circumstances, that their conduct would be likely to cause you harm or apprehension.

'Causing physical or mental harm' includes causing a person to engage in self-harm or have suicidal thoughts. This provision was specifically directed at addressing the circumstances which arose in the Brodie Panlock case where the victim bullied to such an extent that she committed suicide as a result.

If you are a victim of workplace bullying in Victoria, there is an offence of bullying under stalking laws in the Crimes Act 1958 (Vic). If you are a victim of stalking you can still also obtain an Intervention Order pending any offence being dealt with under the criminal law if serious enough.

For the victim to obtain a stalking order, a court only needs to be satisfied on the balance of probabilities, that the respondent has engaged in stalking and is likely to continue to do so to a civil standard.

Adele Pace writes in the area of ecommerce, cyberlaw, intellectual property and online trading. http://www.pacelegal.com.au/

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What Is The Nature Of The Jones Act And Who Can Claim For Grievances Under It?

Prior to the Merchant Marine Act of 1920, sailors were prone to wrong treatment, consisting of abuse and heinous working conditions. They had no legal security against their bosses, and grievances, illness or fatality on the water were simply considered work-related dangers.

A piece of that 1920 law, the Jones Act, modified those circumstances, permitting seamen particular lawful protections from supervisor negligence that contributes to injuries.

If you're a seaman who sustained an impairment on a vessel, a maritime lawyer can help you comprehend your rights and assist you in receiving the settlement you are entitled to.

The Jones Act Defined

The Jones Act discusses the liberties of the once-overlooked seamen and secures securities in favor of them and recourse impeding wrong handling and negligent situations that contribute to injury.

The legislation arranges for compensation for injured seamen, though it is drastically dissimilar to other maritime laws and workers compensation legislations.

Dissimilar to other regulations, to apply for Jones Act arguments, an injured seafarer has to prove supervisor carelessness to be qualified for benefits. Though, even minor carelessness is sufficient to meet this condition.

It also offers substantial disbursements that largely exceed the variety attainable through arguments by way of the Worker's Compensation Act. This means it is considerably important that seamen seek advice of a qualified maritime attorney who can aid them in getting the total amount they are qualified for under the appropriate regulation.

Who Qualifies As A Seaman?

Not every individual who works on a boat will be qualified to apply for a claim. To be entitled under this maritime regulation, the individual has to be a seaman. In order for a person to be called a seaman under the Jones Act regulation, that individual is required to fulfill three essential conditions.

Must be assigned to a vessel: A worker must be committed to a boat or fleet of boats under common ownership. Freelancers who work for several companies may not have the ability to demonstrate the required relationship with a single ship.

Vessel is required to be in navigation: Not every individual tugboat, barge, rig or casino boat qualifies by way of the Jones Act. The boat is not required to reside in ocean waters to meet requirements. Vessels on rivers or inland waterways are also able to meet requirements, and laborers on them are able to qualify as seamen by way of this law.

Must have considerable connection with ship: This requirement means the seaman is required to spend a substantial amount of time on board the ship (but not all of the time) and contribute to its livelihood or operation. In the event that you pass about one-third of your time employed on a boat, you may qualify.

It's vital to also know that to be called a seaman by way of the Jones Act, a laborer does not necessarily have to be directly involved with the control and operation of the ship. Other occupations also qualify, and chefs, wait staff, card dealers, cooks, entertainers and many others have met requirements.

In the event that you're a seaman who has been impaired on a vessel, you may be qualified to apply for a Jones Act settlement. Contact the experienced maritime law lawyers at Schechter McElwee Shaffer and Harris for a no-cost introductory conference.

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