Workplace Bullying: A Guide for Australian Employers
Workplace bullying is repeated, unreasonable behaviour directed at a worker or group of workers that creates a risk to health and safety. Employers must manage it as a psychosocial hazard, and workers can report it internally, to SafeWork NSW or by applying to the Fair Work Commission for an order to stop bullying. This guide sets out both sides, and it sits under our psychosocial hazards guide.
- Workers who are being bullied at work can apply to the Fair Work Commission for an order to stop bullying, or report it to SafeWork NSW.
- Employers must manage bullying as a psychosocial hazard under the Code of Practice: Managing psychosocial hazards at work (2021).
- Reasonable management action, carried out in a reasonable way, is not bullying, but it still needs to be fair and respectful.
- Nobody should be told to put up with it, and retaliation against someone who reports is a serious matter in its own right.
What is workplace bullying?
It is behaviour that is repeated, unreasonable and risky to someone's health and safety, and it can come from a manager, a co-worker or a client.
| Term | Meaning | Why it matters |
|---|---|---|
| Workplace bullying | Repeated unreasonable behaviour towards a worker that creates a risk to health and safety. | It is a hazard employers must manage, not a personality clash to ignore. |
| Psychosocial hazard | A workplace factor that can harm mental health, such as bullying, harassment or poor support. | The Code of Practice sets out how to identify and control it. |
| Reasonable management action | Fair direction, feedback or performance management done in a reasonable way. | It is not bullying, but how it is delivered still matters. |
| Stop-bullying order | A Fair Work Commission order requiring the behaviour to stop. | It is aimed at ending the problem and keeping people working safely. |
| PCBU | A person conducting a business or undertaking, usually the employer. | The PCBU owes the duty under the Work Health and Safety Act 2011 (NSW). |
Workplace bullying examples and what it is not
Context matters, so look at the pattern and not a single bad day.
| Likely workplace bullying | Usually not workplace bullying |
|---|---|
| Repeated shouting, put-downs or public humiliation. | A one-off disagreement handled respectfully. |
| Deliberately withholding information or tools needed to do the job. | A fair roster change made with proper notice. |
| Unreasonable work demands set to set the person up to fail. | A fair performance conversation with clear expectations. |
| Spreading rumours or excluding someone from the team on purpose. | Reasonable feedback given privately and politely. |
| Offensive jokes, messages or pranks aimed at one person. | A lawful direction to follow site safety rules. |
Who is covered by workplace bullying rules
The national system covers most private-sector workers, while NSW state public sector employees and some local government employees are covered by the NSW state system.
| Worker | Position |
|---|---|
| Full-time, part-time and casual employees | Covered, whatever their hours. |
| Apprentices, trainees and volunteers | Treated as workers for safety duties, so the employer must protect them. |
| Labour hire workers | The labour hire provider and the host employer share safety duties, so either can be approached. |
| Contractors | Covered as workers for safety purposes. An ABN does not decide employment status. |
| NSW state public sector employees | Check with the relevant state body, since state rules may apply. |
How to report workplace bullying
You can use more than one path, so start with the one you feel safest using.
- Write down what happened, including dates, times, witnesses and any messages, as soon as you can.
- Tell a supervisor, HR or a health and safety representative, and ask for the complaint process in writing.
- If the person is your supervisor or the company is not responding, go to the next level of management or the host employer.
- Report it to SafeWork NSW if you think your employer is not managing the hazard.
- Apply to the Fair Work Commission for an order to stop bullying if you are still working there and the behaviour continues.
- Seek support from a doctor, counsellor, union or community legal centre, and keep a record of medical certificates.
What employers must do about workplace bullying
A written policy is not enough, because managers have to act on what they hear.
- Identify bullying as a psychosocial hazard, and assess and control it so far as reasonably practicable under the Code of Practice.
- Publish a clear complaint process, and make sure managers know how to receive a report calmly and without judgement.
- Respond promptly to every complaint, with a fair process for the person who raised it and the person complained about.
- Protect the reporter from retaliation, and check in with them after the matter has been closed.
- Keep confidential records, and review the root causes such as workload, rostering and poor supervision.
- Train managers on respectful feedback. See HR support for small business if you do not have an HR team.
Fair Work Commission stop-bullying orders
An order is a practical remedy. It aims to stop the behaviour so the worker can keep working safely.
- The Commission can make an order for a worker who is being bullied at work.
- The order focuses on stopping the behaviour and can include changes to how people work together.
- It is not a way to claim compensation, so other claims may need separate advice.
- Both sides can bring a support person or representative where the Commission allows it.
- Get advice from the Fair Work Commission or an employment lawyer before lodging.
Workplace bullying, mental health and workers compensation
Bullying can cause real harm, and the system has a path for it.
- A psychological injury can be a workers compensation claim. See workers compensation NSW.
- Encourage workers to see a doctor early and keep certificates.
- Use an employee assistance program or counselling where your workplace offers it.
- Adopt a fitness for work policy that covers fatigue and wellbeing as well as alcohol and medication.
- Recognise good behaviour. See employee rewards and recognition.
Workplace bullying across sites and labour hire placements
Casuals rostered across two sites in the same week can fall between the gaps.
- Agree in writing who receives complaints from placed workers: the provider, the host, or both.
- Give every worker the reporting contacts in the site induction, not only the first-day paperwork.
- Both the host and the provider must manage risks, so neither can leave it to the other.
- Add bullying to your HR compliance checklist and review it each quarter.
- Use an HR business partner to support difficult cases and training.
Common workplace bullying mistakes to avoid
- Telling the worker to toughen up or put up with it.
- Treating every complaint as a performance problem for the person who reported it.
- Leaving the complaint with the person being complained about.
- Waiting for a formal written complaint before acting, when a manager has already seen or heard the behaviour.
- Keeping no record of the conversation, so the facts are lost if the matter later goes to SafeWork NSW or the Fair Work Commission.
- Letting the matter sit with no update to the worker.
- Moving only the person who complained, when it feels like punishment.
Workplace bullying FAQ
What is workplace bullying?
It is repeated, unreasonable behaviour directed at a worker or group of workers that creates a risk to health and safety. A single incident is usually not enough, though a serious incident can still be a safety issue. Reasonable management action done fairly is not bullying.
Who can I report workplace bullying to?
You can report it to a supervisor, HR or a health and safety representative, to SafeWork NSW, or apply to the Fair Work Commission for an order to stop bullying. You can use more than one path, and you should keep records of what you report.
What must employers do about workplace bullying?
Employers must manage bullying as a psychosocial hazard under the Code of Practice: Managing psychosocial hazards at work (2021). That means identifying risks, putting in controls, responding to complaints fairly and protecting the person who reports from retaliation.
Can I claim workers compensation for bullying?
You may be able to claim for a work-related psychological injury. See a doctor, keep certificates and tell your employer. Check the position with icare or your insurer, since the details depend on the circumstances and the evidence.
Next step: act on workplace bullying early
Put the complaint process in writing, train your managers and respond to every report. At TQN Personnel, we place workers across Sydney and can help you find workers with the right induction. This is general information, not legal, tax or financial advice, so check SafeWork NSW, the Fair Work Commission or an employment lawyer for your situation.