Workplace bullying isn’t just an interpersonal conflict; it’s a major compliance, safety, and legal issue in Australia. Managers carry a duty of care to ensure a safe working environment free from bullying, harassment, and inappropriate behaviour. Failing to act on complaints of workplace bullying may breach National anti-bullying laws and increase the risk to health, especially mental health and physical health, of employees.
This guide for employers explains the legal definition of bullying, examples of workplace bullying, and effective strategies for addressing bullying behaviour. It also outlines your responsibilities under the Fair Work Act and Work Health and Safety (WHS) legislation, with practical advice to protect the health of workers and maintain a safe workplace culture.
What Is Workplace Bullying Under Australian Law?
The Fair Work Act 2009 (Cth) defines workplace bullying as repeated unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety. The behaviour can be verbal, physical, psychological, or social. Crucially, reasonable management action carried out in a fair and reasonable way is not considered bullying.
Examples of bullying include:
- Verbal abuse, threats, or intimidating behaviour
- Humiliating comments, demeaning behaviour, or derogatory remarks about someone’s skill level, sexual orientation, or personal traits
- Exclusion from work-related events or staff meetings
- Unreasonable performance measures or disciplinary action used inappropriately
- Malicious rumours, cyber abuse, or offensive language
These behaviours, when repeated, may constitute a safety issue and result in claims of workplace harassment, unfair dismissal, or adverse action.
Legal Framework and Responsible Bodies
Several bodies oversee bullying and harassment in the workplace:
- Fair Work Commission: Can issue an anti-bullying order or respond to a bullying application
- Safe Work Australia: Provides national guidance on preventing psychological hazards
- State WHS Regulators: Enforce compliance under workplace health and safety laws (e.g., Workplace Health and Safety Queensland)
- Australian Human Rights Commission: Handles complaints of discrimination linked to bullying
Managers and Persons Conducting a Business or Undertaking (PCBUs) have a legal and common law duty to provide a safe work environment and take reasonable care to prevent bullying.
Manager Responsibilities and Risk Management
As a manager or supervisor, you are expected to:
- Establish a workplace bullying policy that defines bullying behaviour and outlines the complaint process
- Consult with employees and representatives (e.g., union delegate, Health and Safety Representative) on bullying prevention policies
- Provide access to training, including awareness training and behaviour through training modules
- Monitor for bullying behaviour and take prompt action against bullying or harassment
- Create a supportive environment with clear workplace procedures
- Encourage anonymous staff surveys to identify a bullying culture
Delays or dismissiveness in addressing complaints of workplace bullying may expose your organisation to legal action and financial penalties.
Real-World Impact: Why Addressing Bullying Matters
Workplace bullying causes serious harm:
- Mental health and physical health risks: Anxiety, depression, sleep disorders, and even PTSD
- High staff turnover: Talented staff leave toxic workplaces
- Reduced effective work performance: Victims may experience low morale and productivity
- Financial risks: Legal claims, reputational harm, and costly absenteeism
- Workplace culture erosion: Bullying undermines employee well-being and trust in leadership
Acts of workplace bullying also present safety risks and can become a criminal offence when behaviours escalate to physical abuse or sexual harassment.
A Manager’s Guide to Preventing and Responding to Bullying
1. Understand the definition of bullying and behaviours to bullying
Ensure clarity between poor performance and bullying. Use examples of workplace bullying to train your team.
2. Recognise early warning signs
Watch for absenteeism, avoidance behaviour, sudden drops in performance, and reports of workplace bullying.
3. Implement workplace policies and code of conduct
Update company policies and newsletters to reinforce behavioural standards and expectations around professional conduct.
4. Take complaints seriously
Whether it’s a bullying report, complaint about workplace harassment, or discrimination claim, follow a consistent, well-documented complaints process.
5. Provide legal advice or referral service when needed
Offer assistance about workplace bullying through HR, legal services, or Workclaims Australia. In complex cases, refer staff to the Australian Human Rights Commission or legal support networks.
6. Lead with a proactive approach
Maintain a safe and inclusive workplace culture by modelling respectful behaviour, using attainable standards, and avoiding unreasonable expectations.
Real Case: When Bullying Leads to Legal Consequences
In Applicant v Respondent [2019], the Fair Work Commission issued a stop-bullying order after the employee endured persistent micromanagement, derogatory comments, and exclusion from team communication. The employer failed to take earlier complaints seriously. The outcome demonstrated the risks of inaction and the need for:
- An up-to-date bullying prevention policy
- Timely and fair action against bullying behaviour
- Thorough documentation of bullying complaints and decisions
Ready to Take Action Against Workplace Bullying?
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