Key Takeaways
- Workplace bullying and harassment negatively impact employee wellbeing, productivity, and can lead to legal liability for organizations.
- Employers in Australia are legally required to prevent and respond to workplace bullying under the Fair Work Act 2009 and work health and safety laws.
- Employees experiencing bullying should keep written records, raise issues internally, follow formal procedures, and seek support if necessary.
- Employers must develop clear anti-bullying policies, respond quickly and fairly to complaints, and foster a respectful workplace culture.
- Timely legal advice is important for both employees and employers in managing workplace bullying and harassment effectively.
Workplace bullying and harassment are serious concerns that affect employee wellbeing, productivity, and the legal integrity of an organisation. These behaviours can lead to significant psychological harm and, if left unaddressed, may expose businesses to legal liability. At the same time, employers face increasing legal obligations to create a safe, respectful, and psychologically healthy work environment.
Understanding how to respond to these issues is essential for both employees seeking protection and employers aiming to meet their legal obligations.
Outlined below are key actions employees can take when subjected to workplace bullying complaints in Australia, along with an overview of employer responsibilities workplace bullying and the role of legal advice in managing these matters effectively.
The Human and Legal Cost of Workplace Bullying
Bullying and harassment do not just bruise egos—they can inflict psychological harm. According to Safe Work Australia, these behaviours can lead to anxiety, depression, and even trauma. Organisations also pay the price through absenteeism, staff turnover, reputational damage, and legal liability.
Under the Fair Work Act 2009 and work health and safety laws, Australian employers are legally obligated to prevent and respond to workplace bullying. But understanding your employee rights in workplace bullying cases is often the first step.
Recognising Workplace Bullying and Harassment
Workplace bullying involves repeated, unreasonable behaviour directed at a worker or group of workers that creates a risk to health and safety. Harassment, including sexual harassment, involves any unwelcome conduct that offends, humiliates, or intimidates.
Examples include:
- Verbal abuse or insults
- Spreading rumours
- Isolating or excluding a colleague
- Making inappropriate jokes or comments
- Unreasonable work demands
What does not count? Reasonable management action—like giving feedback or assigning tasks—is not bullying if it is done fairly.
What Employees Can Do
If you are experiencing bullying or harassment, the law—and a growing network of support—are on your side.
1. Keep a Written Record
Note down each incident, including dates, times, what was said or done, and who witnessed it.
2. Raise the Issue Internally
If it feels safe, speak directly to the person. Otherwise, approach a manager, HR, or use internal complaint channels.
3. Follow Your Workplace’s Formal Procedure
Most employers have policies and procedures for dealing with these issues. Use them.
4. Apply for a Stop Bullying Order
If the situation does not improve, you can report bullying at work through Fair Work by applying for a legally enforceable Stop Bullying Order in Australia.
5. Seek Support
Support services such as Lifeline (13 11 14) or Beyond Blue (1300 22 4636) can assist with emotional support. Consider seeking legal help for workplace harassment if the situation escalates or involves formal proceedings.
What Employers Must Do
If you are an employer, failing to address workplace bullying or harassment can have serious legal and operational consequences. Employers are expected to:
1. Develop Clear Policies
Workplaces should implement and maintain robust anti-bullying and harassment policies. These documents should clearly define unacceptable behaviours, outline reporting procedures, and detail investigation processes.
Refer to Safe Work Australia’s guide on preventing and responding to workplace bullying (PDF) for national best practices.
2. Respond Quickly and Fairly
Complaints must be taken seriously, handled confidentially, and investigated with procedural fairness.
WorkSafe Victoria’s guidance on responding to workplace bullying offers practical steps for Victorian employers.
3. Foster a Respectful and Mentally Healthy Culture
Invest in training and leadership development to promote respectful workplace behaviour and psychological safety.
Explore the Mentally Healthy Workplaces module for guidance on fostering a mentally healthy workplace.
Employers should also be aware of their obligations in preventing sexual harassment. The Australian Human Rights Commission’s framework provides clear, practical guidance for effectively addressing and responding to sexual harassment in the workplace.
Resolve Workplace Issues with Confidence
Workplace bullying and harassment demand more than reactive measures—they require a clear understanding of legal rights, strong internal processes, and access to expert guidance. Whether you are an employee facing ongoing mistreatment or an employer striving to maintain a respectful and compliant work environment, timely legal advice is essential.
At Pentana Stanton Lawyers, we provide:
- Legal support for employees managing workplace bullying complaints in Australia, including applications for a Fair Work bullying complaint and Stop Bullying Order in Australia submissions.
- Strategic advice for employers on employer responsibilities workplace bullying, creating, and enforcing harassment at work policy, and fostering a mentally healthy workplace.
Contact our Employment Law experts for clear, practical advice tailored to your specific workplace situation.
