Workplace Harassment and Bullying: Your Legal Rights in Australia

Every Australian worker has the right to a safe workplace, free from harassment, bullying, and discrimination. If you are experiencing unwelcome behaviour at work, Australian law provides you with important protections and several avenues for recourse.

What Is Workplace Bullying?

Under the Fair Work Act 2009, workplace bullying occurs when a person or group of people repeatedly behave unreasonably towards a worker in a way that creates a risk to their health and safety.

The key elements are:

Repeated behaviour — a single incident generally does not constitute bullying (though it may constitute harassment or other unlawful conduct)
Unreasonable behaviour — conduct that a reasonable person would recognise as victimising, humiliating, intimidating, or threatening
Risk to health and safety — physical or psychological harm

Examples of bullying behaviour include: persistent unwarranted criticism, exclusion from meetings or work activities, spreading false rumours, shouting or aggressive behaviour, and assigning meaningless or excessive work.

What is NOT bullying: Reasonable management action carried out in a reasonable manner — such as giving feedback, managing performance, assigning tasks, or making decisions about restructuring — is not bullying, even if the employee finds it unpleasant.

What Is Workplace Harassment?

Workplace harassment is unwelcome conduct directed at a person because of a protected attribute, such as:

Sex or gender identity
Race, colour, or national origin
Age
Disability
Religion or political opinion
Pregnancy or carer status
Sexual orientation

Unlike bullying, harassment can constitute unlawful conduct even if it occurs only once, if the single incident is sufficiently serious. Sexual harassment — unwelcome sexual conduct that a reasonable person would find offensive, humiliating, or intimidating — is also unlawful under the Sex Discrimination Act 1984.

What the Law Says

Multiple laws protect Australian workers from harassment and bullying:

Fair Work Act 2009 — the Fair Work Commission can make anti-bullying orders against individuals and employers who engage in, or fail to prevent, workplace bullying
Work Health and Safety (WHS) laws — employers have a positive duty to provide a safe workplace, which includes managing the risks of psychological harm from harassment and bullying
Sex Discrimination Act 1984 — makes sexual harassment unlawful and places positive duties on employers to eliminate it
Racial Discrimination Act 1975, Disability Discrimination Act 1992 and state anti-discrimination laws also apply

Importantly, the Sex Discrimination Act was amended in 2022 to introduce a positive duty on employers to take reasonable and proportionate measures to eliminate sexual harassment and sex discrimination — not just respond after it occurs.

How to Report It

If you are experiencing harassment or bullying, consider the following steps:

Keep records — document incidents with dates, times, locations, what was said or done, and witnesses. This contemporaneous record is invaluable if you later make a formal complaint.
Tell the person to stop — if you feel safe doing so, clearly tell the person that their behaviour is unwelcome and must stop. This is not always appropriate or safe.
Report to your manager or HR — make a formal complaint through your workplace's internal grievance procedure. Employers are legally required to investigate complaints of harassment and bullying.
Apply to the Fair Work Commission — if the bullying continues and you are still employed, you can apply for an anti-bullying order. The Commission can order that the behaviour stop.
Lodge a discrimination complaint — if the behaviour is based on a protected attribute, you can lodge a complaint with the Australian Human Rights Commission (AHRC) or the relevant state anti-discrimination body.

What Not to Do

Do not resign without seeking advice. Resigning may affect your entitlements and could be seen as abandoning a potential claim. Seek legal advice first.
Do not vent on social media. Public posts about colleagues or your employer can be used against you and may expose you to defamation claims.
Do not delay. Time limits apply to certain complaints — for example, AHRC complaints should generally be lodged within 24 months of the alleged conduct. The sooner you act, the stronger your position.

Getting Help

Fair Work Commission — fwc.gov.au — for anti-bullying orders (must still be employed)
Australian Human Rights Commission — humanrights.gov.au — for discrimination and sexual harassment complaints
State anti-discrimination bodies — e.g., Equal Opportunity Commission (WA/SA), Anti-Discrimination NSW, Equal Opportunity Tasmania
Employee Assistance Programs (EAP) — many employers offer free confidential counselling through an EAP; you do not need to tell your employer you are using it
Legal Aid or community legal centres — for free legal advice
Unions — if you are a member, your union can support you through the complaints process

You do not have to tolerate harassment or bullying at work. Help is available, and the law is on your side.