Workplace Bullying: The Complete Guide for Australian Employers

Workplace bullying is one of the most damaging issues a business can face — and one of the most preventable. Workplace Bullying harms your people, drains productivity, and can expose you to serious legal and reputational risk. But here’s the encouraging part: employers who understand what Workplace Bullying actually is, put the right processes in place, and lead with respect are far less likely to ever face a claim.

This is your starting point. Below you’ll find the essentials every business owner and manager needs to know — and links to our in-depth guides for when you want to go deeper. Early intervention has always been critical in addressing Workplace Bullying, and it starts with getting the fundamentals right.

What is workplace bullying?

Under section 789FD of the Fair Work Act 2009 (Cth), a worker is bullied at work when:

• an individual or group of individuals repeatedly behaves unreasonably towards a worker or group of workers at work, and
• that behaviour creates a risk to health and safety.

Both elements must be present. A single incident — however serious — does not meet the legal definition of bullying (though it may still be unlawful as harassment or discrimination). The behaviour must be repeated and unreasonable, judged by what a reasonable person would consider unreasonable in the circumstances.

Bullying can be psychological, physical, direct or indirect. It can be loud and obvious, or quiet and subtle. Common examples include aggressive or intimidating conduct, belittling or humiliating comments, spreading malicious rumours, deliberately excluding someone, withholding information they need, or setting deliberately unreasonable workloads.

What workplace bullying is NOT

This is the part that catches many employers by surprise. Reasonable management action carried out in a reasonable manner is not bullying. Section 789FD(2) of the Fair Work Act makes this clear. Managing performance, allocating work, giving honest feedback, counselling an employee about conduct, and following a fair disciplinary process are all legitimate parts of running a business — even if the employee finds them uncomfortable.

The line between firm, fair management and bullying usually comes down to how action is carried out. Get the process and the manner right, and you’re well protected. We explain exactly where that line sits — with a clear side-by-side comparison and a real case study — in our dedicated guide linked below.

Why prevention matters so much

The single most powerful thing you can do about workplace bullying is to stop it taking hold in the first place. Beyond the human cost, bullying damages morale, increases turnover and absenteeism, and can lead to costly Fair Work claims, workers’ compensation claims and reputational harm. Employers also now have clear work health and safety duties to manage psychosocial hazards, including bullying.

The good news is that prevention is largely within your control. A clear policy, trained managers, consistent processes, and a respectful culture are your best protection — and they’re far cheaper than dealing with a claim.

How to prevent and respond to bullying — the essentials

• Have a clear, tailored Bullying, Harassment & Discrimination policy — not a generic template off the internet.
• Set the standard through a code of conduct, and model respectful behaviour from the top.
• Train your managers so they know the difference between reasonable management and conduct that crosses the line.
• Make it easy to raise concerns with clear reporting and response procedures — and act promptly and consistently.
• Document everything — conversations, complaints, investigations and the steps you take.
• Intervene early. The sooner you act, the easier it is to resolve — and the less likely it is to escalate into harm or a claim.

Go deeper: our detailed guides

For the full picture, read our two in-depth companion articles:

• Addressing Workplace Bullying: How Employers Can Prevent Claims — the practical, step-by-step guide to building a safe workplace and protecting your business from claims.
• Managers Acting in a Reasonable Way: What Does It Actually Mean? — what reasonable management action really means, with a clear reasonable vs. not-reasonable comparison and a real Fair Work case study.

Get the right support in place

You don’t have to navigate this alone. Fresh HR Insights gives small business owners affordable, on-call HR support — so expert help is always just a phone call away. Whether you need policies drafted, managers trained, or someone in your corner for a tricky situation right now, we’ve got you covered:

• HR Support Packages  — ongoing, on-call HR, ER and IR advice from $295+GST per month, with no lock-in contracts. See all our packages and pricing.
• Workplace Policies & Procedures  — bullying, harassment, discrimination and more, tailored to your business.
• HR Audit — a health check of your processes and documentation so you’re protected before you ever need to be.

Frequently Asked Questions: Workplace Bullying