Workplace Bullying

What is bullying?

Workplace bullying has been characterised by WorkSafe as ‘persistent and repeated negative behaviour directed at an employee that creates a risk to health and safety’.

Under the Fair Work Act 2009 (Cth) workplace bullying occurs when ‘an individual or group of individuals repeatedly behaves unreasonably towards a worker or group of workers and the behaviour creates a risk to health and safety’.

However, reasonable management action conducted in a reasonable manner does not constitute workplace bullying.

What should you do about bullying in your workplace?

There are a number of practical options you can take, including:

1.  Discussing the issue with the bully
2. Seeking advice
3. Keeping a diary
4. Reporting the bully
5. Dispute settlement procedures

There are also a number of legal options you can take, including:

1. Applying to the Fair Work Commission for an order to stop bullying
2. Making a police complaint
3. Making a WorkSafe complaint
4. Making a Worker’s injury compensation claim (if injured by the bullying)
5. Making a ComCare claim (for Commonwealth employees)
6. Making a discrimination claim
7. Making either an Unfair Dismissal or General Protections Dispute Involving Dismissal claim if you are dismissed
8. Making a General Protections Dispute Not Involving Dismissal claims if adverse action is taken against you but you are not dismissed
9. Common Law Action

For more information about workplace bullying, we recommend you download the ‘Workplace Bullying’ Fact Sheet.

For further support

Call our Telephone Information Service on Melbourne Metro (03) 9662 1933 or Regional Victoria, Queensland and Tasmania on 1800 331 617.