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Fact Sheets about a number of employment law issues

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Workplace Bullying

Bullying should not be ignored if it is occurring in your workplace. It creates an unsafe working environment and it is unlawful.

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 approaches you can take, including (more detail on each topic in the fact sheet):

  1. Direct approach
  2. Seek advice
  3. Keep a diary
  4. Report/dispute settlement
  5. Talk

There are also a number of legal approaches you can take, including (more detail on each topic in the fact sheet):

  1. Application to the Fair Work Commission for an order to stop bullying
  2. Police complaint
  3. WorkSafe complaint
  4. Worker’s injury compensation claim
  5. ComCare claim
  6. Anti-discrimination action
  7. If you are dismissed
  8. If Adverse Action is taken against you but you are not dismissed
  9. Common Law Action

We encourage everyone to download the Fact Sheet for more information.

For further support

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

Workplace Bullying

For those short on time, here’s a quick 60 second video giving some examples of workplace bullying.

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