Workplace Bullying and Harassment — Your Rights in Australia

What is Workplace Bullying?

Under the Fair Work Act 2009, workplace bullying occurs when:

1. An individual or group repeatedly behaves unreasonably towards a worker or group of workers, AND
2. That behaviour creates a risk to health and safety

A single incident does not generally constitute bullying — the behaviour must be repeated or ongoing.

Examples of Bullying Behaviour

Bullying can include:

• Aggressive or intimidating behaviour or language
• Humiliating, belittling, or ridiculing someone (including in front of others)
• Spreading malicious rumours
• Deliberately excluding someone from work activities
• Withholding work-related information that the person needs
• Unreasonable work targets or workloads
• Deliberately setting someone up to fail

What is NOT Bullying

The Fair Work Act specifically excludes reasonable management action carried out reasonably:

• Performance management processes
• Setting reasonable performance expectations
• Rostering decisions
• Disciplinary processes (conducted appropriately)
• Redeployment

Even if these actions are unpleasant, they are not bullying if carried out in a reasonable manner for legitimate business reasons.

Sexual Harassment

Sexual harassment is separate from bullying but equally serious. Under the Sex Discrimination Act 1984, it is unlawful for anyone in the workplace to sexually harass another person. A single incident of sexual harassment is enough — it does not need to be repeated.

From 2023, employers have a positive duty under the Sex Discrimination Act to take reasonable and proportionate measures to eliminate sexual harassment in the workplace, not just respond to complaints.

What Can You Do?

1. Internal complaint
Most workplaces have a grievance or complaints procedure. Raise a formal complaint with HR or management. Keep a record of every incident (date, time, witnesses, what was said or done).

2. Fair Work Commission — Anti-Bullying Order
If you are currently experiencing bullying at work, you can apply to the Fair Work Commission (FWC) for an order to stop the bullying. The FWC can make orders requiring certain behaviour to stop or change. Note: the FWC cannot order compensation under this process.

3. WorkSafe/SafeWork complaint
Workplace bullying is a work health and safety matter. You can report it to your state's workplace health and safety regulator (e.g. SafeWork NSW, WorkSafe Victoria). Employers have a duty to provide a safe workplace.

4. Anti-discrimination complaint
If the bullying is linked to a protected attribute (race, sex, disability, age, etc.), it may also be unlawful discrimination. You can lodge a complaint with the Australian Human Rights Commission or your state's anti-discrimination body.

Constructive Dismissal

If bullying makes your workplace so intolerable that you feel forced to resign, you may have a claim for constructive dismissal — treated as unfair dismissal. You must act quickly: the time limit for unfair dismissal applications is 21 days from the date of resignation.

Document Everything

Keep a detailed record of every incident:

• Date and time
• Who was involved and any witnesses
• Exactly what was said or done
• How it affected you
• Any response from management when reported