A manager repeatedly humiliates an employee in front of colleagues. A co-worker spreads rumours, withholds essential information, then calls the target “too sensitive” when they raise it. These are not simply difficult personalities or a normal part of a demanding job. Workplace bullying can cause real harm, and employees do not have to accept it in silence.
The legal position is not always straightforward. A single ugly exchange may be serious, but it may not meet the legal definition of bullying. Equally, conduct presented as “performance management” may cross the line where it becomes targeted, unreasonable and harmful. Knowing the difference is the first step towards protecting your wellbeing and your rights.
What counts as workplace bullying?
Under Australian workplace law, workplace bullying is generally repeated unreasonable behaviour by an individual or group towards a worker, or a group of workers, that creates a risk to health and safety. The behaviour does not need to be physically violent to be damaging. It can be subtle, sustained and difficult for others to see.
Examples may include persistent verbal abuse, unjustified criticism, public humiliation, practical jokes that distress or isolate someone, exclusion from meetings or work-related communication, impossible deadlines imposed on one person, or deliberately changing rosters or duties to punish them. Cyberbullying through work emails, messaging platforms or group chats can also form part of a pattern.
The word “repeated” matters. One incident will not usually amount to workplace bullying on its own, although a single incident can still be misconduct, discrimination, sexual harassment, assault or a work health and safety concern. It may also be evidence of an emerging pattern. Do not dismiss it simply because it has happened once.
“Unreasonable” is assessed objectively. The question is not only whether the conduct upset you, but whether a reasonable person could see it as unreasonable in the circumstances and capable of creating a health and safety risk.
Firm management is not automatically bullying
Employers are entitled to manage performance, address misconduct, allocate work and make operational decisions. Reasonable management action carried out in a reasonable manner is not workplace bullying, even if it is uncomfortable or disappointing.
For example, a manager may fairly raise concerns about missed deadlines, require an employee to attend a performance meeting, or set clear improvement targets. The position changes when the process is used as a weapon: allegations are vague, standards shift without warning, criticism is public and personal, or the employee is denied a genuine chance to respond.
Context is decisive. A high-pressure workplace is not a free pass for intimidation. Nor does an employee’s seniority, salary or perceived resilience reduce the employer’s responsibility to provide a safe workplace.
The impact is often greater than people realise
Bullying commonly affects more than a person’s mood at work. It can lead to anxiety, sleep disruption, panic symptoms, loss of confidence, depression and time away from work. Some people begin to doubt their own account of events, particularly where the behaviour is indirect or colleagues are unwilling to become involved.
That is why early action matters. The longer a harmful pattern continues, the more difficult it can become to preserve evidence, maintain professional relationships and recover from the impact. Speaking up is not overreacting. It is a reasonable response to conduct that threatens your health, dignity or ability to do your job.
What to do if you are being bullied at work
Your response should be measured, but it should also be deliberate. Where it is safe to do so, start by creating a clear record. Keep a private chronology of incidents, including dates, times, locations, what was said or done, who was present and how it affected your work. Preserve relevant emails, messages, meeting invitations, roster changes and performance documents.
Keep records factual. Writing “my manager hates me” may reflect how you feel, but it is less useful than recording: “On 14 March, during the team meeting, my manager said I was incompetent in front of six staff members and refused to explain the alleged error.” Specific evidence carries weight.
If you feel able, consider raising the issue directly with the person involved. This will not be suitable in every case, especially where there is a serious power imbalance, a history of aggression or concern about retaliation. A calm written message can sometimes clarify boundaries and create a record that the conduct has been raised.
You may instead raise the matter with a supervisor, human resources representative, health and safety representative, union delegate or another person identified in the workplace grievance policy. Ask for your complaint to be dealt with confidentially as far as possible, and request a written response outlining the steps the employer will take.
Do not assume an internal complaint will automatically resolve the problem. Some employers act promptly and fairly. Others may conduct a superficial investigation, frame the issue as a personality conflict, or focus on protecting the business rather than the worker. If the response is inadequate, independent legal advice can help you assess the next step.
When a legal remedy may be available
The Fair Work Commission can make orders to stop workplace bullying in certain circumstances. This avenue is primarily focused on preventing future bullying rather than awarding compensation. It may be available where the worker is still at work, the conduct is repeated and there is a risk it will continue.
Eligibility and strategy depend on the facts. The nature of the employer, the worker’s status and whether the employment relationship is ongoing can all affect the available options. If you have resigned, for example, a stop-bullying order may no longer be the right mechanism, but other claims or remedies may need consideration.
Bullying may overlap with other legal issues. If the treatment relates to race, sex, disability, age, religion, pregnancy, family responsibilities or another protected attribute, discrimination law may be relevant. Sexual harassment has its own legal framework. If you are punished for making a complaint, asking about your workplace rights or taking sick leave, adverse action concerns may arise.
There can also be workers’ compensation implications where a psychological injury is connected to employment. These matters are fact-sensitive, and the available pathways can have different time limits, evidentiary requirements and consequences. Acting on the first piece of advice you receive without considering the wider picture can be costly.
Protect yourself without compromising your position
When people are under pressure, they may resign in anger, send a confrontational email or refuse reasonable directions. Those decisions can later be used against them. That does not mean you should endure mistreatment. It means you should act with a plan.
Continue performing your duties where you can do so safely. Communicate professionally. Keep copies of documents you are entitled to retain, but do not take confidential client information or business material that you have no right to remove. If your health is suffering, see your GP and obtain appropriate support. Medical records can be important, but their first purpose is your care.
If a meeting is called about your conduct or performance, ask what the meeting concerns and whether you may bring a support person. Request allegations and expectations in writing where appropriate. You are entitled to understand the case you are being asked to answer.
For employees and business owners alike, the lesson is clear: complaints about bullying must be handled seriously, fairly and promptly. Ignoring the issue rarely makes it disappear. It often deepens the harm and increases legal exposure.
At El Baba Lawyers, we understand that workplace disputes can place a person’s income, reputation and wellbeing under pressure at the same time. Clear advice should tell you not only what the law says, but what action best protects you in the circumstances.
You do not need to prove your strength by tolerating conduct that is damaging you. Document what is happening, seek support early and obtain advice before the situation decides your future for you.
