Understanding Bullying and Harassment in the Workplace in Australia
Everyone has the right to a safe and respectful workplace. In Australia, laws exist to protect workers from bullying, harassment and other harmful behaviours — but understanding what these issues are and what you can do about them is essential for both employees and employers.
What Is Workplace Bullying?
Workplace bullying occurs when a person or group repeatedly behaves unreasonably towards a worker or group of workers and that behaviour creates a risk to health and safety. It must involve repeated conduct and unreasonable behaviour — a single disagreement or isolated incident usually doesn’t qualify. Examples can include aggressive or intimidating conduct, offensive language, exclusion from work activities, unmanageable workloads or unjustified criticism.
Importantly, reasonable management actions, such as performance reviews or lawful disciplinary action carried out fairly and appropriately, are not considered bullying.
What Is Harassment?
Harassment in the workplace typically refers to unwelcome behaviour that offends, humiliates or intimidates another person because of a personal characteristic — such as sex, gender, age, race, disability or sexual orientation. Harassment can be ongoing, but even a single incident can be serious enough to breach the law if it is sufficiently severe.
Sexual harassment is a specific type of unlawful harassment that can take many forms, including unwelcome advances, offensive jokes, or inappropriate messages. It can happen in person or online and does not have to be repeated to be against the law.
Why It Matters
Bullying and harassment aren’t just “bad behaviour.” They can have significant consequences for individuals and organisations alike:
- For workers, exposure to bullying or harassment can lead to stress, anxiety, depression, sleep problems and decreased job satisfaction.
- For employers, unresolved issues can result in lower morale, reduced productivity, higher absenteeism, higher staff turnover and legal risk.
The Legal Framework in Australia
In Australia, multiple laws protect workers from bullying and harassment:
- The Fair Work Act 2009 allows workers to apply to the Fair Work Commission (FWC) for a stop bullying order if they are being bullied at work.
- Work Health and Safety (WHS) laws impose duties on employers to proactively eliminate risks to the health and safety of workers — including psychological risks from bullying and harassment.
- Federal anti-discrimination laws, such as the Sex Discrimination Act 1984, prohibit harassment on the basis of protected characteristics and can be enforced through bodies like the Australian Human Rights Commission.
These laws apply to employees, contractors, apprentices, trainees and even some volunteers — meaning broad protection across many types of work arrangements.
What You Can Do
If you or someone you know is experiencing bullying or harassment:
- Document incidents — keep records of what happened, when and any witnesses.
- Follow workplace policies — report concerns to a manager, HR or a workplace health and safety representative.
- Seek external support — you may be eligible to apply to the Fair Work Commission for a stop bullying order, or raise complaints with anti-discrimination bodies if harassment is based on a protected characteristic.
Support services such as unions, legal advisers and government agencies can provide guidance on next steps and help you understand your rights and options.
Workplace bullying and harassment are serious issues that affect many Australians, yet they are not “just part of the job.” With clear laws and increasing awareness, individuals and businesses alike can take meaningful action to create safer, fairer and more respectful workplaces for everyone. Fair Work Ombudsman
