Workplace bullying and harassment
These links jump to headings on this page
Australia has national anti-bullying laws that allow for workers who have been bullied to apply to the Fair Work Commission (FWC) to stop the bullying.
If you’ve experienced workplace bullying, you may be able to make a complaint. You should get legal advice.
Sometimes bullying can be a criminal offence. If you’ve experienced violence, assault or stalking, you should report it to the police. In an emergency, call 000.
When you need legal advice
Get legal advice if you have experienced:
- workplace harassment or bullying
- unfair treatment or discrimination at work, including decisions on promotions and demotions
- disciplinary action.
How to get legal advice
What is workplace bullying?
Workplace bullying is when a person or group of people say or do things to you that are:
- unreasonable
- repeated
- a risk to your health and safety.
Examples of workplace bullying include:
- aggressive or intimidating behaviour
- belittling or humiliating comments
- victimisation
- spreading malicious rumours
- teasing, practical jokes or ‘initiation ceremonies’
- exclusion from work-related events
- unreasonable work expectations, including too much or too little work, or work below your skill level
- withholding information vital to your effective work performance
- displaying offensive material
- pressure to behave in an inappropriate manner.
You can be bullied by your:
- employer
- co-worker
- work team
- clients and customers
- members of the public.
Workplace bullying is not:
- a single incident
- reasonable action carried out in a reasonable way by management
- ordinary differences of opinion or disagreements between colleagues.
If you are being bullied at work for discriminatory reasons, such as your age, race, religion, disability, sexual orientation or gender identity, you may be covered by discrimination law. Seek legal advice.
National anti-bullying laws
Australia’s anti-bullying laws allow people to apply to the Fair Work Commission (FWC) to stop any bullying at work.
National anti-bullying laws cover:
- employees
- contractors and subcontractors
- employees of contractors and subcontractors
- temporary employees who are hired by labour companies to work in other organisations
- outworkers
- apprentices and trainees
- students on work experience
- volunteers, unless you work for a volunteer organisation with no paid employees.
They also protect people who work for:
- businesses or organisations that mostly operate in a territory or Commonwealth area
- constitutional corporations, for example, foreign businesses that employ people to work in their Australian office and financial corporations formed within a Commonwealth zone
- the Commonwealth, including federal departments
- a Commonwealth authority, such as the Australian Tax Office or Australia Post
- body corporates incorporated in a territory.
You’re not covered by national anti-bullying laws if you work for:
- a volunteer organisation with no paid employees
- a sole trader or partnership
- some state government departments and non-corporate public sector agencies
- some local governments
- corporations without significant trading or financial activities
- the Australian Defence Force.
There are other laws that cover these workplaces.
If you’re not sure if you’re covered, you should get legal advice.
Resolving bullying issues
Where possible and safe to do so, you should try to resolve bullying issues by:
- talking to the person who is bullying you
- familiarising yourself with your workplace bullying prevention policy to find out how to make a complaint
- raising the issue with your supervisor or manager, a health and safety representative or the human resources department.
If the bullying continues, you can make a complaint to an external authority.
If you’re experiencing workplace bullying or harassment, you may also want to seek professional support from Lifeline or beyondblue.
When can you make a complaint
You may be able to make a complaint to the Fair Work Commission (FWC) if:
- You have experienced Workplace bullying.
- The bullying has happened on more than one occasion.
- The bullying has created a risk to your health and safety.
- The bullying was not reasonable management action conducted in a reasonable manner.
- There is a risk the bullying will continue.
It may not be workplace bullying if the person’s conduct is reasonable management action conducted in a reasonable manner. For example, if your manager takes disciplinary action against you because you engaged in misconduct, this may not be bullying.
Making a complaint
Where you make your complaint to depends on which laws cover your employment.
Where to make a complaint:
Compensation claims
If you’ve suffered a physical or psychological injury due to bullying, you may be able to lodge a workers’ compensation or common law claim for damages. You should get legal advice from a private lawyer.
How to get legal advice
We don't give legal advice on:
- matters affecting employers and genuine independent contractors
- bullying for state or local government employees
- enterprise bargaining or modern awards.
We may give legal advice to employees on employment matters.
Contact us
Other places to get legal advice:
Who else can help?
Related information
Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.
- Last updated
- Last reviewed