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Old 09-08-2009, 12:16 PM
kevinh kevinh is offline
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I'm not a lawyer, and this is not legal advice, but I would think that it makes a huge difference whether the Workcover claim was genuine or not.

While it might breach your own workplace policies, simply advising/persuading someone to make a genuine claim is probably not illegal.

However, if an employee was bullied and effectively coerced into making a claim they didn't want to make, then the employer is almost certainly liable for allowing the bullying to occur.

I have no idea whether the employee would have a civil case against the person who bullied them and coerced them into making a compo claim.

If the claim was not genuine or warranted, then it could get really messy, because it would probably be classed as fraud, which of course is a criminal offence.

I should stress that this is just my personal view of the situation you have described. It would be interesting to hear what others think, especially a lawyer
 
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