What is the legal definition of workplace bullying in Australia?

Workplace bullying is defined as repeated, unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety.

Can a single incident be considered bullying?

Generally, no. Bullying requires the behaviour to be 'repeated'. However, a single incident can still constitute misconduct or harassment.

What should I document if I am being bullied?

Keep a diary of all incidents, including dates, times, specific words used, names of witnesses, and any emails or documents that support your claim.

What To Do If You Notice Bullying in the Workplace ⋆

The modern workplace is often sold as a collaborative, fast-paced environment. However, for many, this image is overshadowed by a darker reality: workplace bullying.

Research suggests that nearly one in five Australian workers has experienced some form of bullying. It is a pervasive issue that destroys mental health and tanks productivity.

If you feel targeted, you are not powerless. Whether you need to initiate a Melbourne workplace bullying investigation or simply want to know your rights, here is your roadmap.

What Constitutes Bullying? (The Legal Definition)

In Australia, bullying has a specific legal definition under the Fair Work Act. It is not just a “personality clash.”

To be considered bullying, the behaviour must meet three criteria:

Repeated: It happens more than once. (A single rude comment is not bullying, though it is unprofessional).
Unreasonable: A reasonable person would consider the behaviour victimising, humiliating, intimidating, or threatening.
Risk to Health: It creates a risk to health and safety (mental or physical).

Note: Power Imbalance
While often involved, a power imbalance (e.g., Boss vs. Employee) is not strictly required for it to be bullying. Colleagues on the same level can bully each other, and subordinates can bully managers (“upwards bullying”).

Step 1: Check Your Policy

Before you act, review your Code of Conduct or Employee Handbook. This document outlines the specific grievance procedures for your company.

If your employer ignores their own policy, this can be used as leverage later if the matter escalates to the Fair Work Commission.

Step 2: Document Everything

If you decide to escalate this to HR, you need proof. Start a “Bullying Diary” immediately.

Record the following:

Dates and times of incidents.
What was said or done (verbatim quotes are best).
Who else was present (witnesses).
How it made you feel (anxiety, stress).

Step 3: Confront the Bully (If Safe)

Just because you are being targeted does not mean you are a victim. If you feel safe doing so, confront the behaviour directly.

“When you speak to me like that in meetings, it makes me feel undervalued. Please stop.”

Safety Warning:
Do not do this if the person is aggressive, violent, or if you fear for your safety. In those cases, skip directly to reporting it.

Step 4: Escalate to HR

If the behaviour continues, you must report it. HR is obligated to act on safety risks.

At this stage, the company may launch a formal Melbourne workplace investigation to determine the facts.

You might fear being labelled a “troublemaker,” but reporting is the only way to force a resolution. If you do not report it, the company can later claim they “didn’t know” it was happening.

Step 5: Protect Yourself

While the investigation is ongoing, protect your mental health.

Avoid Isolation: Do not let the bully isolate you. Keep talking to supportive colleagues.
Witnesses: Try not to be alone in a room with the bully. Always have a third party present.
Seek Support: Whether you are in the CBD or dealing with Geelong workplace investigations, access your Employee Assistance Program (EAP) for counselling.

Conclusion

Bullying is a serious OHS issue. It is not something you just “have to put up with.”

By documenting the behaviour and following the correct channels, you can hold the perpetrator accountable and reclaim your peace of mind.

Need Help with a Bullying Claim?

Jolasers provides independent investigation services to resolve bullying disputes fairly.

Telephone: 0418 101 164 (Stephen Oliver)

Call Now: 0418 101 164

Service Areas:
Melbourne Bullying Support | Geelong Investigations

Common Questions

Is reasonable management action bullying?

No. A manager giving you fair, constructive feedback on your work performance is not bullying, even if it is uncomfortable to hear.

Can I sue for bullying?

You can apply to the Fair Work Commission for an ‘Order to Stop Bullying’ if you are still employed. You may also be eligible for WorkCover if you have suffered a psychological injury.

What if HR ignores me?

If your employer fails to act on a known safety risk, they may be breaching OHS laws. You can report this to WorkSafe or seek legal advice.