Workplace bullying is repeated unreasonable behaviour directed towards a worker that creates a risk to health and safety under Australian law.
Legislation: Fair Work Act 2009 Part 6-4B; WHS Legislation | Category: Workplace Conduct
What is Bullying?
Workplace bullying is repeated, unreasonable behaviour by an individual or group towards a worker or group of workers that creates a risk to health and safety. “Repeated” means behaviour of a persistent nature (so more than once), and “unreasonable behaviour” is behaviour that a reasonable person, having regard to the circumstances, would see as victimising, humiliating, intimidating, or threatening.
Bullying can include aggressive and intimidating behaviour, verbal abuse, belittling or humiliating comments, excluding or isolating employees from work-related events or conversations, psychological harassment, assigning meaningless tasks, deliberately withholding information needed to do the job, and/or setting unreasonable work demands or deadlines. A single incident of unreasonable behaviour does not constitute bullying, though it may breach other workplace policies. Management decisions taken regarding poor performance, disciplinary action, or directing how work is done, provided it is done reasonably, also does not constitute bullying.
Key Compliance Points for Employers
- Employers have a duty under WHS legislation to eliminate or minimise risks arising from workplace bullying
- Workers can apply to the Fair Work Commission for a stop bullying order if bullying is ongoing
- Reasonable management action conducted in a reasonable manner is not bullying
- Employers should have clear anti-bullying policies and procedures for reporting and investigation
- Vicarious liability means employers can be liable for bullying by employees if reasonable steps weren’t taken to prevent it
Frequently Asked Questions
What is Bullying?
Workplace bullying is repeated, unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety under Australian law.
Why is Bullying important for employers?
Understanding bullying helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
