Is My Boss Yelling at Me Illegal? Bullying vs 'Tough Management' in Australia

A boss yelling at you isn't automatically illegal. A one-off outburst because something went wrong — while it's not great management — isn't a breach of law on its own. But repeated, unreasonable behaviour that creates a risk to your health and safety? That's workplace bullying, and it IS covered by the law.

Under section 789FD of the Fair Work Act 2009, a worker is bullied at work if:

• An individual or group repeatedly behaves unreasonably towards the worker
• That behaviour creates a risk to health and safety

Both elements need to be present. A single incident of yelling — even if it's aggressive — generally doesn't meet the "repeated" threshold. But if your boss yells at you regularly, belittles you in front of colleagues, or creates a pattern of intimidating behaviour, you're well into bullying territory.

The critical word here is "repeated." The Fair Work Commission has said this means more than once, and it looks at the pattern of behaviour, not just individual incidents in isolation.

Here's where employers get their defence. The Fair Work Act specifically says that "reasonable management action carried out in a reasonable manner" is NOT bullying. This is the escape hatch every employer uses.

Reasonable management action includes things like:

• Giving you a performance review (even a bad one)
• Setting deadlines and expectations
• Issuing a lawful and reasonable direction
• Giving feedback on your work (even blunt feedback)
• Managing workload and rosters
• Taking disciplinary action for genuine misconduct

But here's the key: it has to be done in a reasonable manner. Giving you a negative performance review in a private meeting with specific, factual feedback? That's reasonable management. Screaming at you in front of the whole office that you're useless and will never amount to anything? That's not reasonable, no matter what performance issue they're addressing.

The content of the management action might be reasonable (e.g., addressing poor performance), but the method still has to be reasonable too. Yelling, humiliating, threatening, and intimidating are not reasonable methods — ever.

The Fair Work Commission has dealt with hundreds of bullying applications. Here are the types of behaviour they've found to constitute bullying:

• Aggressive or intimidating behaviour — yelling, slamming things, invading personal space
• Belittling or humiliating comments — especially in front of others
• Unreasonable work demands — setting impossible deadlines to set someone up to fail
• Exclusion and isolation — deliberately leaving someone out of meetings, conversations, or social activities
• Withholding information needed to do the job
• Constant criticism that goes beyond constructive feedback
• Spreading rumours or gossip about a worker
• Assigning meaningless or degrading tasks

In Amie Mac v Bank of Queensland (2015), the FWC found that a manager's conduct — including yelling, intimidation, and making demeaning comments — constituted bullying, even though the manager claimed it was just "direct communication style."

Your boss might call it being tough or having high standards. The law calls it bullying when it's repeated, unreasonable, and creates a health and safety risk. Don't let anyone gaslight you about that.

If you reckon you're being bullied, documentation is everything. The Fair Work Commission will want evidence — not just your word against your boss's.

Start keeping a detailed log. For each incident, record:

• Date and time
• Where it happened
• What was said or done — exact words if you can remember them
• Who witnessed it
• How it made you feel and any impact on your health
• Any evidence — emails, text messages, voice recordings (check your state's recording laws first)

Store this log somewhere your employer can't access — your personal email, a personal device, a notebook at home. Don't keep it on a work computer.

Also keep copies of:

• Any complaints you've made to HR or management (and their responses)
• Medical certificates or GP notes if the bullying has affected your health
• Any written communications that demonstrate the pattern of behaviour

The FWC needs to see a pattern. Isolated incidents are harder to act on. But a documented pattern of behaviour over weeks or months is powerful evidence.

The Fair Work Commission can issue a stop-bullying order under Part 6-4B of the Fair Work Act. This is different from an unfair dismissal claim — you don't need to have been sacked. You apply while you're still employed.

To get a stop-bullying order, you need to show:

• You've been bullied at work (repeated unreasonable behaviour creating a health/safety risk)
• There is a risk the bullying will continue

The FWC can then order the bully (and their employer) to stop the behaviour. They can also order changes to the way work is organised, monitoring of the bully's behaviour, or other measures to prevent the bullying from continuing.

The application costs $87.20 (reduced for concession holders). You can lodge online. The FWC typically deals with bullying applications quickly — they're supposed to start dealing with it within 14 days.

One limitation: the FWC can't order compensation through a stop-bullying order. If you want money, you'd need to pursue a workers' compensation claim (for psychological injury) or a general protections claim under the Fair Work Act. But the stop-bullying order can be effective at changing behaviour — especially because it puts the employer on notice that the FWC is watching.

Most workplace bullying is dealt with through the Fair Work system or workers' compensation. But there are situations where your boss's behaviour crosses into criminal conduct.

This includes:

• Physical assault — any unwanted physical contact (pushing, throwing things at you, grabbing you)
• Criminal harassment or stalking — repeated behaviour that causes fear for your safety, which is a criminal offence in every state and territory
• Threats of violence — even verbal threats can be criminal if they cause you to fear for your safety
• Sexual harassment — which can be both a civil matter (under the Sex Discrimination Act) and a criminal offence

If your boss's behaviour reaches this level, call the police. You don't have to put up with criminal behaviour just because it happens at work. You can also apply for a personal safety intervention order (called an AVO in NSW, an IVO in Victoria, a restraining order in WA) through your local court.

And if you're not sure whether your situation crosses the line, use our employment rights checker to get a starting assessment, and then contact your state's legal aid service for free advice. You shouldn't have to dread going to work because your boss can't control themselves.