Workplace Bullying in Australia
Recovery from workplace bullying is possible, but it begins with recognising and calling out bullying behaviour for what it is. Workplace bullying is a critical issue affecting thousands of employees in Australia, impacting on productivity, mental health, and career progression. Understanding where and how it manifests in everyday workplace culture is the first stage in preventing it from causing serious harm to an individual’s livelihood.
How is Workplace Bullying in Australia Framed?
Section 789FD of the Fair Work Act 2009 (Cth) defines workplace bullying as repeated unreasonable behaviour that creates a risk to health and safety. Such behaviour includes aggression, inappropriate practical jokes, coercion, deliberate exclusion from work events, and unreasonable work demands.
How is bullying felt?
People may struggle to identify bullying or dismiss it as part of the job. If you experience these examples, they may indicate that someone has subjected you to workplace bullying.
- You are constantly criticised and micro-managed, leaving you feeling humiliated in front of your peers.
- You were repeatedly threatened with losing your job for issues outside your control.
- You were not being given consistent work during the week, but every Friday for months, your boss piles on urgent tasks that require working all weekend.
- You are spoken to aggressively, with profanity used regularly and over time, this tone has become normalised.
- Your team leader has invited everyone for a work-related event except you and no one has extended an invite.
- You felt isolated with colleagues refusing to share the workload with you, brushing it off with the attitude that ‘boys will be boys’.
- You have rumours being spread about you that undermine your reputation.
- You felt others had sabotaged your projects or consistently taken credit for your work.
Taking Action
Once you have identified the nature of the conduct as bullying, you may start preparing documentation and reporting.
Keeping a clear record of workplace bullying is critical. You should diarise each incident in detail, including when and where it occurred, who was present, and what was said or done. You should also record how the conduct affected you professionally and personally, and retain relevant emails, messages, and written correspondence. Performance reviews and feedback should be kept accessible as well, particularly where they conflict with the bullying you are experiencing. Gathering such documentation is vital for if/when you need to escalate or pursue legal action.
Reporting & Claims
You should first report workplace bullying internally by raising the issue with your supervisor, manager, or human resources, unless they are involved. Union members may also seek advice, support, and escalation assistance from their union representative. If the bullying continues or is likely to continue, and the employer is a national system employer, you may apply to the Fair Work Commission for a stop bullying order. The Commission’s role is to prevent future conduct rather than award compensation. From 13 October 2025, if the employer is not a constitutionally covered business, you may apply to the Industrial Relations Commission of NSW. You must prove that bullying occurred at work and that there is a risk it will continue. The Commission may award damages of up to $100,000 to redress the harm suffered.
Bullying that creates a risk to health or safety, especially mental health can additionally be reported to SafeWork NSW. As this would be breaching section 19 of the Work Health and Safety Act 2011 (NSW) in place to ensure a duty of care when conducting business, including psychological health.
Employer Liability for Workplace Bullying
In Nationwide News Pty Ltd v Naidu (2007) 71 NSWLR 471, the Judge found that a labour hire employer had accepted responsibility for bullying on behalf of their supervisor. Through knowledge of his repeated unreasonable and routinely intimidation of staff. They knew that these incidents could cause stress, depression, even post-traumatic stress disorder but failed to ensure their duty of care.
In Bailey v Peakhurst Bowling and Recreation Club Ltd [2009] NSWDC 284, a casual bar steward experienced sustained workplace bullying. A club director became her direct supervisor and engaged in bullying over two years. The conduct included repeated dismissal threats, gross abuse, pressure to breach liquor laws, and coercion to leave her union. The employer altered her classification, reduced seniority, made false cash shortage allegations, and underpaid her wages. She recorded the bullying in diaries, and the employer admitted the conduct and her resulting psychological injuries. She could not return to work and suffered chronic anxiety, panic disorder, post-traumatic stress disorder, and depression. The employer admitted liability for breaching its duty of care and creating an unsafe workplace. The court awarded $507,550, including future earning capacity and superannuation losses. The case confirms that NSW courts do not tolerate workplace bullying.
Workplace bullying has no place under Australian law. Employees are not required to endure it. Early identification, evidence gathering, and decisive action are essential to stopping conduct and protecting long term health.
Jake McKinley notes that this article is written for the purpose of providing generalised information and not to provide specialised legal advice. If you require qualified legal advice on anything mentioned in this article, our experienced team of solicitors at Jake McKinley are here to help. Please get in touch with us on 02 9232 8033 today to make an enquiry.
By Zeeniyar Mehta
