Workplace Bullying 2026: Your Rights, How to Report, and What the Law Actually Protects
Being bullied at work? You can apply for a stop bullying order from the FWC. See the legal definition, how to gather evidence, the complaint process, and when bullying crosses into a criminal matter.
What is workplace bullying under Australian law?
Under the Fair Work Act, workplace bullying occurs when an individual or group of individuals repeatedly behaves unreasonably towards a worker, and the behaviour creates a risk to health and safety. Both elements must be present: the behaviour must be repeated (a single incident is generally not bullying, though it may be harassment), and it must create a risk to health and safety (physical or psychological). Examples include: aggressive or intimidating conduct, belittling or humiliating comments, spreading malicious rumours, deliberately excluding someone from work activities, unreasonable work demands designed to fail, withholding information necessary to do the job, and repeated criticism without basis. Importantly, reasonable management action carried out in a reasonable manner is NOT bullying — this includes performance management, disciplinary action, directing work, and giving honest feedback.
How to document and report workplace bullying
Documentation is critical for any bullying complaint. Keep a detailed diary or log recording: the date, time, and location of each incident, what was said or done and by whom, who witnessed the incident, how it made you feel and any impact on your health, and any evidence (emails, messages, screenshots). Report the bullying through your workplace's internal complaint process first — most employers have a grievance or complaint policy. Put your complaint in writing. If the employer does not resolve it, or if the bullying involves the employer themselves, you have external options: apply to the Fair Work Commission for a Stop Bullying Order (free), lodge a workers' compensation claim for psychological injury, report to your state WHS regulator (SafeWork NSW, WorkSafe Victoria, etc.), or consult a workplace lawyer about potential claims.
Stop Bullying Orders from the Fair Work Commission
Since 1 January 2014, workers who believe they are being bullied at work can apply to the Fair Work Commission for a Stop Bullying Order under Part 6-4B of the Fair Work Act. The application is free and can be made by any worker — employees, contractors, subcontractors, volunteers, and apprentices. The FWC must start dealing with the application within 14 days. If the FWC is satisfied that bullying has occurred and there is a risk it will continue, it can make any order it considers appropriate to prevent further bullying (except ordering payment of compensation). Orders may include: requiring the employer to implement anti-bullying policies, directing specific individuals to stop certain behaviours, requiring monitoring or reporting, and other measures. Breaching a Stop Bullying Order can result in penalties of up to $19,800 for individuals or $99,000 for companies.
When bullying becomes something more serious
Some workplace bullying crosses the line into conduct that triggers additional legal protections or criminal liability. Sexual harassment: since 6 March 2023, workers can apply to the FWC for a Stop Sexual Harassment Order, and the FWC can also deal with sexual harassment disputes. Discrimination: if bullying is based on a protected attribute (race, gender, disability, age, religion, etc.), it may constitute unlawful discrimination and can be pursued through the Australian Human Rights Commission or state bodies. Assault: if bullying involves physical contact, threats of violence, or intimidation, it may be a criminal offence — report to police. Stalking: repeated unwanted contact or surveillance may constitute stalking under state criminal laws. Workers' compensation: if bullying has caused a psychological injury, you may be entitled to workers' compensation for medical treatment, income replacement, and rehabilitation costs.
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General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
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