Workplace Bullying: What to Do Step by Step

If you're being bullied at work, the first thing to know is that this is not your fault, and you aren't alone. Safe Work Australia estimates that between 6% and 15% of Australian workers experience workplace bullying in any given year. That is up to 2 million people.

The practical side of this: Workplace bullying isn't just unpleasant — it's a serious work health and safety issue with legal consequences for employers. Under Part 6-4B of the Fair Work Act 2009, the Fair Work Commission (FWC) has the power to make anti-bullying orders against individuals and employers.

Under work health and safety laws in every state and territory, employers have a primary duty of care under section 19 of the model Work Health and Safety Act 2011 to eliminate or minimise risks to psychological health, which includes bullying. Workers compensation schemes in every jurisdiction cover psychological injuries caused by workplace bullying. You've options, and this guide walks through them step by step. If you are in immediate danger or experiencing a mental health crisis, please call 000 (emergency), Lifeline on 13 11 14 (24/7 crisis support), or 1800RESPECT on 1800 737 732 (if the bullying involves sexual harassment or family violence). Worth checking.

Under section 789FD of the Fair Work Act, a worker is bullied at work if an individual or group of individuals repeatedly behaves unreasonably towards the worker or a group of workers of which the worker is a member, and that behaviour creates a risk to health and safety. Both elements must be present — the behaviour must be repeated (a single incident, no matter how serious, is not bullying under this definition, though it may be harassment or assault) and it must create a risk to health and safety (physical or psychological). Examples of bullying behaviour include repeated verbal abuse, insults, or offensive language directed at you; exclusion, isolation, or deliberate ignoring; spreading malicious rumours or gossip; intimidation or threats; unreasonable work demands designed to set you up for failure; withholding information necessary to do your job; constant criticism unrelated to work performance; and cyberbullying through work emails, messaging platforms, or social media.

the behaviour doesn't have to be intentional — the test is whether the behaviour is unreasonable, not whether the person intended to bully.

Not everything that makes you uncomfortable at work is bullying. The Fair Work Act explicitly provides that reasonable management action carried out in a reasonable manner isn't bullying, even if it causes stress or distress. This is a critical distinction.

Reasonable management action includes giving constructive feedback on work performance, setting realistic deadlines and KPIs, directing you to perform duties within your role, conducting formal performance management processes, implementing organisational change such as restructures or roster changes, taking disciplinary action for misconduct, and refusing unreasonable requests. The key words are 'reasonable' and 'in a reasonable manner'.

Here's the thing. A manager can tell you your work isn't meeting expectations — that is performance management. But if they do so by screaming at you in front of colleagues, that manner may be unreasonable and could constitute bullying if it's repeated.

The FWC considers the full context: the workplace, the relationship, the industry norms, and whether the action was proportionate.

If you're unsure whether what you are experiencing is bullying or firm management, consider whether the behaviour targets you personally rather than addressing genuine work issues, whether it happens repeatedly, and whether it has affected your health.

When in doubt, document it and seek advice. Worth checking (this is the bit most people miss).

Documentation is the single most important thing you can do. The Fair Work Commission, courts, and investigators all rely heavily on contemporaneous records — notes made at or near the time of the incident. Start a bullying diary immediately.

For each incident, record the date and time, the location, exactly what was said or done (use direct quotes where possible), who was present as witnesses, how the behaviour made you feel and any physical symptoms (headaches, insomnia, anxiety), and any evidence such as emails, messages, screenshots, or CCTV. Store your diary and evidence somewhere your employer can't access — a personal email account, a USB drive at home, or a physical notebook kept off-premises. Keep records.

Here's the thing. Don't use your work computer or work email for storage, as your employer may have access to those systems. If you receive abusive emails or messages through work platforms like Slack, Microsoft Teams, or WhatsApp, take screenshots and forward them to your personal email.

If the bullying occurs verbally, consider whether you can send a follow-up email summarising what was said — for example, 'Hi [name], just to confirm, in our meeting today you said [x].

Please let me know if I have misunderstood.' This creates a written record.

Keep medical records — if you see a GP, psychologist, or counsellor about the impact, ask for copies of clinical notes and any certificates (this is the bit most people miss).

Most employers are required to have a bullying and harassment policy, and all employers have a legal obligation under WHS laws to address reports of bullying. Start by speaking to your direct manager — unless they're the person bullying you, in which case go to their manager, HR, or another senior leader. You can raise the complaint verbally, but follow up in writing (email is best) so there is a clear record.

The practical side of this: In your complaint, state clearly that you believe you are being bullied, describe the behaviour with specific examples and dates, reference your documentation, explain the impact on your health and work, and ask for the matter to be investigated and the behaviour to stop. Your employer should acknowledge your complaint, investigate it (either internally or using an external investigator), take interim measures to protect you during the investigation (such as separating you from the alleged bully, adjusting reporting lines, or allowing you to work from home), and provide you with a written outcome.

If your employer has a formal grievance procedure, follow it. If they don't, or if you are unsure, the FWO's guidance on workplace bullying outlines what a fair complaint process should look like. You're legally protected from adverse action (retaliation) for making a complaint — section 340 of the Fair Work Act prohibits your employer from punishing you for exercising a workplace right, which includes making a complaint.

If internal processes don't resolve the issue, or if you do not feel safe raising it internally, you can apply to the Fair Work Commission for an anti-bullying order under section 789FC of the Fair Work Act. There is no application fee. To apply, you must be a worker who is covered by the national workplace relations system (this covers most private-sector employees, and all employees in Victoria, the ACT, and the Northern Territory).

You lodge a Form F72 — Application for an FWC order to stop bullying — online through the FWC website. In the application, you describe the bullying behaviour, how it's repeated and creates a risk to health and safety, what steps (if any) you've taken to resolve it, and what orders you're seeking. Keep records.

This one catches a lot of people out. the FWC must start dealing with the application within 14 days. It typically begins with a conference (a private, informal meeting facilitated by an FWC member) to see if the matter can be resolved by agreement.

If not, it proceeds to a hearing where evidence is presented and the FWC makes a decision.

Orders the FWC can make include requiring the bully to stop specific behaviours, requiring the employer to monitor the situation, requiring changes to workplace policies, and any other order the FWC considers appropriate — except orders for compensation or reinstatement (those are separate processes).

Anti-bullying orders are legally binding. Breaching an order can result in penalties of up to $19,800 for an individual and $99,000 for a corporation per contravention.

If workplace bullying has caused you a psychological injury — such as anxiety, depression, PTSD, or an adjustment disorder — you may be entitled to workers compensation. Workers compensation covers medical expenses (GP visits, psychiatrist, psychologist, medication), income replacement if you need time off work, rehabilitation costs, and potentially a lump sum impairment payment if your condition is permanent. To make a claim, see your GP and obtain a workers compensation medical certificate that identifies the workplace bullying as the cause of your psychological injury.

This bit matters. lodge a claim with your employer's workers compensation insurer — your employer is required to display their insurer's details in the workplace and provide you with a claim form. In most jurisdictions, your employer must forward your claim to the insurer within 5 business days, and the insurer must make a provisional liability decision within 7 days, providing you with immediate access to medical treatment and up to 12 weeks of income support while the full claim is assessed.

Be aware that workers compensation claims for psychological injury have a higher threshold in most states — the injury must arise predominantly from employment (not just partly), and many jurisdictions exclude injuries arising from reasonable management action. However, if the injury is caused by bullying rather than reasonable management action, it should be compensable. Seek advice from a workers compensation lawyer (many offer free initial consultations) if your claim is denied.

You do not have to navigate this alone. There are multiple organisations that provide free, confidential support for workers experiencing bullying. For crisis support, call Lifeline on 13 11 14 (24 hours, 7 days) or text 0477 13 11 14 — they provide immediate crisis support and suicide prevention.

If the bullying involves sexual harassment, call 1800RESPECT on 1800 737 732 (24 hours, 7 days) for counselling and referrals. Beyond Blue on 1300 22 4636 provides support for anxiety and depression, which are common consequences of workplace bullying. Keep records.

Let's break this down. For legal and workplace advice, contact the Fair Work Ombudsman on 13 13 94 for information about your workplace rights. Your union, if you are a member, can provide representation and advocacy — they can attend meetings with you, help draft complaints, and represent you in FWC proceedings.

Community legal centres in every state offer free legal advice — find your nearest one at clcaustralia.org.au.

Safe Work Australia publishes guidance on preventing and responding to workplace bullying at safeworkaustralia.gov.au.

Your employer may also offer an Employee Assistance Program (EAP) — a free, confidential counselling service typically providing 3 to 6 sessions per issue. EAP is independent of your employer and the counsellor can't share information without your consent.

Ask your HR department or check your company intranet for EAP details. Remember: making a complaint or seeking support is a sign of strength, not weakness. You have a right to a safe workplace, and the law supports that right.