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What is workplace bullying and harassment?

Workplace bullying is repeated and unreasonable behaviour directed at a worker, or a group of workers, that creates a risk to health and safety.

Under the Fair Work Act 2009 (Cth), for the law to consider it bullying, the following elements must be present:

  • An individual or group of individuals must have repeatedly behaved unreasonably towards you, or towards a group of workers you belong to. 
  • That behaviour must create a risk to health and safety. 
  • The behaviour must have occurred while you were at work in a constitutionally-covered business, which includes most incorporated companies, Commonwealth government agencies, and businesses operating in the territories. 

Because the behaviour must be repeated, a single incident on its own does not meet this legal threshold, even where it was genuinely upsetting at the time.

Workplace harassment covers similar ground but is a broader term. It generally refers to unwelcome behaviour that causes humiliation, offence, or intimidation, and it often overlaps with bullying where the behaviour is repeated. However, a single serious incident of harassment can sometimes give rise to legal protections, particularly where it relates to a personal attribute like your sexual orientation, gender identity, or another protected characteristic. 

If the harassment you have experienced is sexual in nature, this may specifically be sexual harassment. Workplace bullying is a separate legal concept, although the two can overlap. Our employment law team can advise you on which category applies to your situation.

Unreasonable behaviour that may constitute workplace bullying or harassment includes: 

  • Constant or unjustified criticism of your work.
  • Being excluded from workplace activities or communications. 
  • Unreasonable work expectations, such as impossible deadlines or excessive workloads. 
  • Withholding information or resources you need to do your job. 
  • Intimidating behaviour, belittling comments, or public humiliation.
  • Verbal abuse or offensive language directed at you or said about you.
  • Spreading malicious rumours about you.
  • Repeated threats to demote or terminate your employment without proper cause.

Not every difficult workplace moment meets this definition. The Act makes clear that reasonable management action carried out in a reasonable manner is not workplace bullying. This includes fair performance feedback, a properly conducted disciplinary process, or a decision about your role that is explained and applied consistently. Ordinary disagreements between colleagues also fall outside the definition, unless the conflict itself becomes repeated and unreasonable.

Discrimination and Violence

Workplace bullying and harassment are distinct legal issues from workplace discrimination, which involves a worker or job applicant being treated unfairly based on a personal attribute (such as race, religion, age, or disability). If your situation involves discrimination, our employment law team can advise you on the specific state and federal laws that apply.

Physical violence at work may amount to a criminal offence, and can be reported to the police as well as raised with a workplace harassment lawyer.

Knowing where you stand

It is important to understand the options available to you early, so any potential entitlements are protected, and you are not left waiting until an employment issue becomes unmanageable.

Workplace bullying claim process

If you are experiencing workplace bullying or harassment in Queensland, there are a few paths a legal matter can take. Understanding the legal process can help you decide your priority. 

Whether you choose to prioritise stopping the behaviour, addressing the impact it has had on your physical or mental health, or both, we are here for you.

01

Recognising and recording workplace bullying and harassment

The first step is understanding whether what you are experiencing constitutes workplace bullying or harassment under national anti-bullying laws, and beginning to keep a clear record of it. Note down what happened, when it happened, who was involved, and how it affected you, as close to the time of each incident as possible. This record becomes valuable evidence if your matter progresses, and it helps you and your workplace bullying lawyer see the pattern of behaviour clearly.

If you are unsure whether what you are experiencing would be considered bullying, harassment, or falls into a different category such as discrimination, we can help you work through this early.

02

Raising the issue internally or health and safety concerns

Most workplaces have policies dealing with bullying at work, harassment, and work health and safety. If you are experiencing workplace bullying, a workplace bullying policy will usually set out how a complaint should be raised.

Where it is safe and appropriate to do so, you may wish to raise the issue with your manager, HR, a workplace health and safety representative, or a union representative before filing a formal complaint or taking legal steps. Employees who make a genuine complaint about workplace bullying or harassment are generally protected from adverse action under the Fair Work Act. We can advise you on how to raise a bullying complaint effectively, how your employer’s workplace policies may affect the process, and what to expect as your matter progresses.

03

Applying under national anti-bullying laws for an order to stop the bullying behaviour

National anti-bullying laws under the Fair Work Act allow eligible workers to apply to the Fair Work Commission for an order to stop workplace bullying. Separate provisions also allow for orders to stop sexual harassment. These pathways exist to bring the behaviour to an end, rather than to provide financial compensation. The Fair Work Commission can make orders requiring the conduct to stop, but generally cannot award you money. We can help you understand whether you are covered by the national workplace relations system and guide you through the application.

04

Long-term support from your employment lawyer

Matters involving workplace bullying or harassment often take time to resolve. Our legal team stays engaged throughout the life of your matter, keeps you informed as it progresses, and provides steady guidance as circumstances change. Our role is to make sure your matter is managed carefully and responsibly, with a clear focus on resolving workplace issues and protecting your longer-term wellbeing and position.

If you’re experiencing bullying at work and aren’t sure what to do next, get in touch with a Richardson & Lyons workplace harassment lawyer to file your workplace bullying claim. We’ll listen, help you understand your options, and support you every step of the way in your employment matters.

Frequently asked questions

Can I be bullied or harassed by a customer or client, and not just a manager or colleague?

Yes. Workplace bullying and harassment are not limited to conduct by your employer or co-workers. They can involve a client, customer, or another third party you interact with as part of your job, provided the conduct meets the relevant legal threshold. If you are experiencing repeated unreasonable behaviour from a third party, it is worth getting advice early, as it can affect which legal pathway is the most appropriate for your circumstances.

Does workplace bullying or harassment have to happen in person, or can it include emails, texts, and social media?

Workplace bullying and harassment can happen face-to-face, over the phone, by email, or through social media and other online platforms. Behaviour that follows you outside standard work hours, such as repeated messages after you have finished for the day, can still form part of a pattern. What matters is the nature and impact of the behaviour, not the medium through which it occurs; online conduct connected to work-related events and workplace interactions are all relevant. Keeping copies of messages and emails is particularly useful evidence.

Can I apply to the Fair Work Commission and make a workers’ compensation claim at the same time?

In many cases, yes. You can pursue both simultaneously as they serve different legal purposes. The Fair Work Commission pathway aims to stop the behaviour, while a workers’ compensation claim addresses the resulting injury. One does not automatically restrict your eligibility for the other. The injury can also affect more than your physical health. A psychological injury connected to sustained bullying or harassment can be a valid basis for a statutory claim. Both our employment lawyers and workers’ compensation team can help you navigate how these two options interact and decide the best sequence of steps for your situation.

What is the difference between workplace bullying and workplace harassment?

While they often overlap, the main difference lies in repetition and the legal threshold. Bullying is always constituted by a pattern of repeated and unreasonable behaviour that poses a risk to your health and safety. Workplace harassment is a broader term for unwelcome behaviour that causes humiliation or intimidation, and it can sometimes give rise to legal protections after just a single serious incident (especially if it involves discrimination). Because the line between the two is often blurred, legal advice from our employment law team can help you identify exactly which categories apply.

Is sexual harassment treated differently to general workplace harassment under employment law?

Yes. Sexual harassment is a specific legal category covered by additional protections, including anti-discrimination protections under the Sex Discrimination Act (enforced by the Australian Human Rights Commission) and Anti-discrimination Act Qld (enforced by the  Queensland Human Rights Commission), as well as separate stop sexual harassment orders available through the Fair Work Commission.

If you have experienced sexual harassment, it is worth getting advice specifically about these protections. Our employment law team can offer guidance when you need it. The legal pathways and evidence involved can differ from general workplace matters, and we can help you understand which protections apply to your situation.

What happens if I raise a complaint and my employer says it isn't serious enough to investigate?

If your employer does not take your complaint seriously, you are not without options. You can seek legal advice about escalating the matter, including whether an application to the Fair Work Commission or a discrimination complaint may be appropriate.

How your employer responds to an internal complaint can also be relevant evidence if your matter progresses further.

Will making a complaint through a legal team affect my job or my relationship with my employer?

It is completely normal to worry about retaliation, but the law provides strong protections. If you make a genuine complaint, your employer cannot lawfully dismiss you, demote you, take disciplinary action, or treat you unfavourably as “punishment” for speaking up. If an employer does retaliate, it can form the basis of a separate and serious legal claim known as an adverse action or general protections claim. We can discuss these protections with you before you formally lodge anything.

Is there a time limit on making a claim through workplace bullying lawyers?

Yes, and the applicable time limit depends on which pathway you are pursuing. Applications to the Fair Work Commission generally need to be made while the behaviour is ongoing or there is a risk it will continue. Because these time limits differ and can affect your entitlements, it is important to seek advice as early as possible.

How much does it cost to get legal advice about workplace bullying or harassment?

We provide an initial case assessment to help you understand your options. Fair Work Commission applications and broader employment law issues are managed under different fee structures, which we will outline clearly and transparently with you before any work begins.

When you are dealing with bullying at work, choosing the right lawyers can make an important difference.

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Speak with workplace bullying lawyers about your options.

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