Tracey’s story: how workplace bullying almost destroyed her life

Originally from New Zealand, Tracey has spent most of her life in sunny Queensland. A hard-working, independent single mum, she was proud to provide for her two daughters.

Tracey grew up working in her father’s factories, so she knew hard work from an early age. A desk job never appealed to her. Instead, she built a career in warehousing and machine operations, eventually landing a role in logistics moving cargo at the port. Passionate about fair working conditions, she became a union delegate, representing her colleagues and making sure her fellow workers were educated on their rights and entitlements.

When advocacy turned into a nightmare

What should have been a celebrated career and position as a workers’ rights advocate soon became a nightmare. Isolated and targeted, Tracey was yelled at, harassed and intimidated. Her mental health began to decline, and the job she once loved now filled her with dread.

The psychological impact of bullying and harassment in the workplace

It started with suggestive messages about Tracey’s “sexy legs” from a supervisor. 

Not long after, at the Christmas party, another colleague wrapped his arms around her from behind and lifted her off the ground. Later, he repeatedly tried to touch her legs despite her doing her best to stop his advances. When she rejected him, his behaviour changed. He pressured her to work extra overtime, even though he knew she had to care for her young daughter and assigned her to tasks that aggravated a previous back injury. Knowing that her colleague was deliberately trying to undermine her made Tracey feel intensely uncomfortable and anxious.

Unfortunately, things escalated. While loading trucks, Tracey experienced sexual harassment and was assaulted by several truck drivers. They made comments about her body and sexually suggestive advances. One of the drivers repeatedly touched her leg while signing paperwork, and she even suspected another driver was filming her. Going to work every day began to fill Tracey with dread.  

Tracey eventually worked up the courage to report the incidents to her supervisor. But instead of receiving support, things only became worse.

Tracey was briefly moved to another site, but after only a few months, she was forced to return, where she faced the people who had harassed and assaulted her. Issues with her pay became more frequent – miscalculations of the hours she had worked and unnecessary questions about her leave, despite her processing the necessary paperwork. 

She was repeatedly left off the work roster, often turning up for work to find her name wasn’t on the list. When Tracey raised questions about these issues, she was ignored. 

After months of sustained bullying and harassment by her managers and colleagues, Tracey was left as a shell of her former self, with her mental health and confidence in tatters. Anxious, humiliated and depressed, her self-worth deteriorated. Her physical health also began to decline, with regular headaches, nausea, and low energy becoming part of her daily life. Most days, she could barely get out of bed, overwhelmed with debilitating anxiety and depression.

Concerned about her inability to work and provide for herself and her seven-year-old daughter, Tracey began working on a workers’ compensation claim under the workers’ compensation scheme. Still, with her mental health in tatters, the process proved too taxing. 

Breaking point

Facing the threat of homelessness and weighed down by the injustice of her situation, Tracey was at breaking point.

Without an income, Tracey moved in with her eldest daughter and her young family. Still suffering from the psychological impact of what she had endured, she rarely left the house, relying on grocery deliveries and avoiding public places.

“I was always a confident and social person, and now I struggle to leave the house,” said Tracey.

Pushed to her limits and in despair, her union organiser encouraged her to seek free legal advice from the Transport Workers’ Union’s (TWU) partnering law firm, Maurice Blackburn. 

Taking action: supporting Tracey’s compensation claim

After listening to Tracey’s harrowing story, I knew I had to take on her case. I travelled regularly to see Tracey in her home, walking her through the compensation claim process and responding to each concern she had. Despite clear evidence of bullying and harassment, WorkCover initially rejected her claim, arguing that her manager’s behaviour was reasonable and not fit for a psychological injury claim – a common outcome for claims like hers. 

Refusing to accept this, I advised Tracey to pursue a claim review and held both her employer and WorkCover accountable. It wasn’t an easy road, but after many months of persistence, the review was successful. Tracey received compensation for time away from work and medical expenses related to her injury.  

Securing common law damages

Once Tracey’s claim was accepted, I quickly began preparing a common law damages case to secure compensation beyond standard statutory benefits. The process was challenging, with her employer resisting every step.

Thanks to Tracey’s determination, our legal team, and assistance from the TWU, we reached a fair settlement through out-of-court negotiations.

This outcome gave her financial security and the resources to rebuild her life. 

Today, Tracey has a safe home for herself and her youngest daughter and can access the treatment and rehabilitation she needs to get her life back on track.

When I shared the positive news with her, her relief was palpable: “Laura saved my life. I’m looking forward to having my own home and independence again.”

Tracey’s story is one of courage and perseverance, demonstrating the value of having dedicated lawyers in your corner. Many Australians endure psychological injuries in the workplace every day, and Tracey’s journey highlights the challenges they face. Our expertise in workers’ compensation claims, combined with our dedication to justice and the well-being of our clients, proved invaluable to Tracey and her family.

What is a psychological injury? Understanding workplace compensation claims

Not all workplace injuries are physical. Bullying and harassment at work can cause significant psychological harm and can warrant a workers' compensation claim.

Some of the most common symptoms of psychological injuries include:

• stress, anxiety, and depression
• nightmares and loss of sleep
• fatigue, headaches and poor concentration
• guilt, anger and social withdrawal

Workplace incidents, or the recurrence or aggravation of any pre-existing psychological conditions, can also warrant a workers’ compensation claim.  

We’re here to help

If you or someone you love is experiencing workplace bullying or has had a WorkCover claim or psychological injury claim rejected, you’re not alone.

Our expert psychological injury lawyers can help you at every stage of your workers' compensation claim, offering information, advice and support throughout the process. We operate on a No Win, No Fee basis, where we only charge our professional fees if your case is successful. 

Our role is to be your ally and support you in navigating these challenges, so you can focus on your recovery and getting back on track. 

Contact our team today for a free initial consultation to see what you may be eligible for.