Frequently asked questions
Under section 789FD of the Fair Work Act 2009 (Cth), a worker is bullied at work if:
An individual or group repeatedly behaves unreasonably towards the worker or a group of workers; and
The behaviour creates a risk to health and safety.
Both elements must be present for workplace bullying to exist.
A single incident, although potentially serious, will not usually amount to workplace bullying because the conduct must be repeated.
Workplace bullying occurs when an individual or group repeatedly behaves unreasonably towards a worker or a group of workers, and that behaviour creates a risk to health and safety.
The Fair Work Commission has the power to make Stop Bullying Orders where workplace bullying has occurred and there is a risk that the behaviour will continue.
Repeated behaviour means conduct that occurs more than once.
The incidents do not need to be identical. Different behaviours occurring over time may collectively constitute bullying.
Unreasonable behaviour is behaviour that a reasonable person, having regard to the circumstances, would consider unreasonable.
Examples may include:
Constant criticism or humiliation.
Verbal abuse or aggressive conduct.
Deliberately excluding a worker from workplace activities.
Spreading malicious rumours.
Unreasonable work demands.
Threats, intimidation, or harassment.
Deliberately withholding information needed to perform work.
Setting impossible deadlines designed to cause failure.
Persistent victimisation after making a workplace complaint.
The Fair Work Commission assesses each case based on its specific facts and circumstances.
The behaviour must create a risk to the worker's health and safety. This can include risks to: Psychological health. Emotional wellbeing. Physical health.
A worker does not need to prove they have suffered an injury. It is sufficient that the behaviour creates a risk to health and safety.
Examples include anxiety, stress, depression, sleep disturbance, psychological distress, or other adverse health impacts arising from workplace conduct.
Not every unpleasant workplace interaction amounts to bullying.
The Fair Work Commission recognises that employers have the right to manage workplaces and employees.
Workplace bullying does not include:
Reasonable performance management.
Lawful disciplinary action.
Reasonable allocation of work.
Constructive feedback about performance.
Reasonable directions given by managers.
Investigations into workplace misconduct.
Provided these actions are carried out in a reasonable manner, they will generally not constitute workplace bullying.
The Fair Work Act specifically excludes reasonable management action carried out in a reasonable manner.
Examples may include:
Performance improvement plans.
Counselling sessions.
Performance reviews.
Investigations into misconduct.
Attendance management processes.
Disciplinary meetings.
However, management action can become bullying if it is undertaken in an unreasonable, humiliating, intimidating, or excessive manner.
You may be eligible to apply to the Fair Work Commission if:
You are a worker within the meaning of the Fair Work Act.
You reasonably believe you have been bullied at work.
There is a risk the bullying will continue.
The Fair Work Commission cannot award compensation through a Stop Bullying application. Instead, it can make orders designed to prevent future bullying behaviour.
Examples that may support a Stop Bullying application include:
A manager repeatedly humiliating an employee in front of colleagues.
Persistent exclusion from meetings and workplace communications.
Repeated threats regarding job security without legitimate basis.
Ongoing victimisation after reporting safety concerns.
Continuous abusive emails, messages, or verbal comments.
Repeated unreasonable criticism designed to undermine a worker.
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Frequently asked questions
Under section 789FD of the Fair Work Act 2009 (Cth), a worker is bullied at work if:
An individual or group repeatedly behaves unreasonably towards the worker or a group of workers; and
The behaviour creates a risk to health and safety.
Both elements must be present for workplace bullying to exist.
A single incident, although potentially serious, will not usually amount to workplace bullying because the conduct must be repeated.
Workplace bullying occurs when an individual or group repeatedly behaves unreasonably towards a worker or a group of workers, and that behaviour creates a risk to health and safety.
The Fair Work Commission has the power to make Stop Bullying Orders where workplace bullying has occurred and there is a risk that the behaviour will continue.
Repeated behaviour means conduct that occurs more than once.
The incidents do not need to be identical. Different behaviours occurring over time may collectively constitute bullying.
Unreasonable behaviour is behaviour that a reasonable person, having regard to the circumstances, would consider unreasonable.
Examples may include:
Constant criticism or humiliation.
Verbal abuse or aggressive conduct.
Deliberately excluding a worker from workplace activities.
Spreading malicious rumours.
Unreasonable work demands.
Threats, intimidation, or harassment.
Deliberately withholding information needed to perform work.
Setting impossible deadlines designed to cause failure.
Persistent victimisation after making a workplace complaint.
The Fair Work Commission assesses each case based on its specific facts and circumstances.
The behaviour must create a risk to the worker's health and safety. This can include risks to: Psychological health. Emotional wellbeing. Physical health.
A worker does not need to prove they have suffered an injury. It is sufficient that the behaviour creates a risk to health and safety.
Examples include anxiety, stress, depression, sleep disturbance, psychological distress, or other adverse health impacts arising from workplace conduct.
Not every unpleasant workplace interaction amounts to bullying.
The Fair Work Commission recognises that employers have the right to manage workplaces and employees.
Workplace bullying does not include:
Reasonable performance management.
Lawful disciplinary action.
Reasonable allocation of work.
Constructive feedback about performance.
Reasonable directions given by managers.
Investigations into workplace misconduct.
Provided these actions are carried out in a reasonable manner, they will generally not constitute workplace bullying.
The Fair Work Act specifically excludes reasonable management action carried out in a reasonable manner.
Examples may include:
Performance improvement plans.
Counselling sessions.
Performance reviews.
Investigations into misconduct.
Attendance management processes.
Disciplinary meetings.
However, management action can become bullying if it is undertaken in an unreasonable, humiliating, intimidating, or excessive manner.
You may be eligible to apply to the Fair Work Commission if:
You are a worker within the meaning of the Fair Work Act.
You reasonably believe you have been bullied at work.
There is a risk the bullying will continue.
The Fair Work Commission cannot award compensation through a Stop Bullying application. Instead, it can make orders designed to prevent future bullying behaviour.
Examples that may support a Stop Bullying application include:
A manager repeatedly humiliating an employee in front of colleagues.
Persistent exclusion from meetings and workplace communications.
Repeated threats regarding job security without legitimate basis.
Ongoing victimisation after reporting safety concerns.
Continuous abusive emails, messages, or verbal comments.
Repeated unreasonable criticism designed to undermine a worker.
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