Werkplekboeliegedrag in Australië: Jou Regte en Hoe om Op te Tree

Workplace bullying is one of the most significant occupational health issues facing Australian workers today. According to recent data, Australia ranks among the highest in the world for workplace bullying, making it a pressing concern for employees and employers alike.

If you have experienced bullying at work, it is important to understand that you are not alone and that there are legal protections in place to help you.

Wat word as afknouery in die werkplek beskou?

Under Australian law, workplace bullying is defined as repeated and unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety. 

In order for it to be legally recognised as bullying, the behaviour must be:

Repeated: the behaviour must be persistent over a period of time and can include a range of different actions.

Unreasonable: behaviour that a reasonable person, having considered the circumstances, would see as unreasonable. This includes conduct that is victimising, humiliating, intimidating and/or threatening.

Examples of workplace bullying behaviour can include verbal abuse and insults, spreading malicious rumours, deliberately excluding someone from work activities, setting unreasonable deadlines or workloads, withholding information needed to perform work duties, and inappropriate jokes and comments.

It is important to remember that management action carried out in a reasonable manner is not considered bullying. This means that legitimate performance management, directing employees to perform duties and/or implementing workplace policies, does not constitute bullying, regardless of whether an employee finds these actions uncomfortable.

The Impact of Workplace Bullying

Workplace bullying can have negative effects which extend far beyond the immediate distress it causes. 

Research from Safe Work Australia has shown that workers’ compensation claims involving harassment and workplace bullying have been steadily increasing. In 2023-24, mental health conditions accounted for 17,600 serious workers’ compensation claims in Australia, with harassment and workplace bullying representing 33.2% of all mental stress claims.

Roughly half of workers who suffer bullying endure the behaviour for more than six months, with 16% experiencing bullying for over two years. Prolonged exposure to these behaviours can have a serious impact on mental health, including anxiety, depression and post-traumatic stress.

Data from the Australian Public Service Employee Census revealed that female workers are disproportionately affected, with women making workers’ compensation claims for harassment and bullying at more than twice the rate of their male colleagues.

Your Legal Options

If you are experiencing workplace bullying in Australia, there are several avenues available to you.

Internal Resolution

Your first step should be to use your workplace’s internal grievance procedures. The majority of employers are required to have policies and processes in place for addressing bullying complaints. Ensure you thoroughly document all incidents and raise concerns with your manager or HR department immediately to create a record and help resolve the situation.

Fair Work Commission Stop Bullying Orders

Under the Fair Work Act 2009, workers who believe they are being subject to bullying at work can apply to the Fair Work Commission for an order to stop the bullying. This is a powerful preventative measure designed to stop ongoing bullying behaviour.

You are only eligible if you are a worker at a “constitutionally covered business” (which includes most Australian businesses), and you must still be at risk of continued bullying when you make the application. The application fee for 2025-26 is $89.70, though fee waivers are available for those experiencing financial hardship.

Once you lodge your application, the Commission will typically contact you to discuss your case and may refer the matter to conciliation, where a mediator helps both parties resolve the dispute. If the conciliation process is unsuccessful, there may be a formal hearing.

It’s important to remember that the Fair Work Commission cannot award compensation for bullying. Bullying orders are designed to prevent future bullying, not to compensate for past behaviour. 

If you are seeking financial compensation, you may need to explore workers’ compensation or civil litigation.

Workers’ Compensation Claims

If workplace bullying has resulted in you suffering a psychological injury, you may be entitled to make a workers’ compensation claim to help cover medical expenses, lost wages and rehabilitation costs. The process and eligibility requirements vary between states and territories, so seeking legal advice specific to your situation and location is vital.

Workplace Health and Safety Complaints

Under work health and safety laws, employers have a duty to manage psychosocial hazards in the workplace, which includes bullying. The Comcare website also provides guidance for workers in federal workplaces, while each state and territory has its own workplace health and safety regulator.

Practical Steps to Protect Yourself

If you are experiencing workplace bullying, consider taking the following steps:

Keep detailed records. Document every incident, including dates, times, what was said or done, who was present and how it affected you. This evidence is crucial if you eventually need to make a formal complaint or application.

Save communications. Keep copies of relevant emails, text messages and other written communications. Wherever possible, try to communicate about incidents in writing so you have a record.

Report the behaviour. Make formal complaints through your workplace’s grievance procedures. Even if the internal process does not resolve the matter, having made a complaint creates an important paper trail.

Seek support. Talk to your doctor if the bullying has started to affect your mental health. Their records can support any future claims. You can also access support services such as Anderkant Blou of Lifeline.

Get legal advice. Understanding your specific rights and options is essential. An employment lawyer can help you navigate the various avenues available and determine the best course of action for your circumstances.

What Employers Should Know

Employers have a legal obligation to provide a safe workplace, which includes taking reasonable steps to prevent workplace bullying. Failure to do so can result in workers’ compensation claims, regulatory action, and reputational damage.

Proactive measures include implementing clear anti-bullying policies, providing training for managers and staff, establishing accessible reporting procedures, promptly investigating all complaints and taking appropriate disciplinary action when bullying is substantiated.

Get Help Today

Workplace bullying is a serious issue that no one should have to tolerate. Whether you are an employee seeking to understand your rights or an employer wanting to ensure compliance with your legal obligations, seeking professional legal advice is an important first step.

By Kingsford Prokureurs, ons employment law team has extensive experience assisting clients with workplace bullying matters across Queensland and Victoria. As your legal allies, we provide upfront, honest advice you can actually understand, helping you learn all your options and take the right steps to protect your rights and well-being.

📞 Call our results-focused team on (07) 5502 3529 to arrange a consultation. We speak over 10 languages.