Bullying, Mobbing and Collusion: Understanding the Differences in Australian Workplaces

Workplace conflict is not always the same. Many people describe any negative behaviour as “bullying”, but some of the most damaging conduct in Australian workplaces goes well beyond ordinary bullying.

Three terms that are often confused are bullying, mobbing, and collusion. While they can overlap, they describe different patterns of behaviour and may have different legal and practical consequences.

Understanding the difference is critical when preparing evidence for a complaint to the Fair Work Commission, the Australian Human Rights Commission, Work Health and Safety regulators, or an employer’s internal investigation.

What is Workplace Bullying?

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

• that behaviour creates a risk to health and safety.

Both elements must generally be present.

Bullying usually involves repeated unreasonable conduct directed towards one person. It may be carried out by:

• a manager;

• a supervisor;

• a colleague;

• a subordinate; or

• several people acting independently.

Examples include:

• repeated verbal abuse;

• humiliation or ridicule;

• impossible workloads;

• deliberately excluding someone from meetings;

• excessive monitoring;

• threats about job security;

• persistent criticism that is not genuinely performance-related.

Importantly, reasonable management action carried out in a reasonable manner is not workplace bullying, even where an employee dislikes the decision.

What is Workplace Mobbing?

Mobbing is a much more organised and systematic form of workplace abuse.

Bullying, Mobbing and Collusion: Understanding the Differences in Australian Workplaces

Although the Fair Work Act does not specifically define “mobbing”, psychologists and workplace researchers have recognised it for decades as a distinct phenomenon.

Professor Heinz Leymann, who pioneered research into workplace mobbing, described it as a sustained campaign where multiple people collectively target one individual.

Unlike ordinary bullying, mobbing typically involves:

• multiple participants;

• coordinated behaviour;

• ongoing exclusion;

• reputation destruction;

• attempts to isolate the victim;

• organisational tolerance or encouragement.

Rather than one difficult manager, mobbing often becomes a workplace culture.

Typical Signs of Mobbing

A person experiencing mobbing may notice:

• rumours spreading rapidly;

• numerous complaints suddenly appearing;

• managers and colleagues repeating identical allegations;

• being excluded from meetings;

• people refusing to speak to them;

• social isolation;

• constant scrutiny;

• disciplinary action based on exaggerated or manufactured allegations;

• witnesses suddenly changing their evidence;

• senior management supporting the behaviour rather than stopping it.

The objective is often not merely to criticise the worker—but to remove them from the workplace altogether.

What is Collusion?

Collusion is different again.

Collusion occurs where two or more people secretly cooperate to achieve an improper purpose.

Unlike bullying, collusion focuses on the agreement between participants rather than the abusive conduct itself.

Examples may include:

• managers agreeing to manufacture performance concerns;

• witnesses agreeing on a false version of events;

• altering documents;

• suppressing favourable evidence;

• deliberately excluding exculpatory material from investigations;

• coordinating complaints to justify disciplinary action.

Collusion may exist even where no obvious bullying has yet occurred.

It is the coordinated dishonesty that distinguishes collusion.

The Relationship Between Bullying, Mobbing and Collusion

These concepts frequently overlap.

For example:

A manager dislikes an employee.

Instead of dealing with the issue fairly, they encourage several colleagues to begin documenting trivial matters.

Human Resources becomes involved.

Witnesses discuss their statements before interviews.

Minor incidents become exaggerated.

The employee is isolated.

Complaints suddenly multiply.

The worker is suspended.

An investigation ignores evidence supporting the employee.

This scenario may involve:

• bullying;

• mobbing; and

• collusion.

Each describes a different aspect of the conduct.

Key Differences

Bullying

Mobbing

Collusion

Repeated unreasonable behaviour

Organised group campaign

Secret cooperation between participants

Can involve one person

Usually involves multiple people

Requires at least two people

Focuses on behaviour

Focuses on coordinated targeting

Focuses on agreement or conspiracy

Risk to health and safety

Usually severe psychological harm

May support or enable bullying or mobbing

Recognised under the Fair Work Act

Recognised in organisational psychology and workplace practice

May arise as evidence in investigations or litigation

Why Mobbing is Often Harder to Prove

Victims frequently know something coordinated is happening but struggle to prove it.

This is because participants rarely admit:

• discussing evidence;

• coordinating complaints;

• planning disciplinary action;

• excluding someone deliberately.

Instead, investigators must often identify patterns such as:

• identical witness language;

• remarkably similar complaints;

• unexplained changes in witness accounts;

• coordinated timing;

• inconsistent documentation;

• selective evidence gathering.

Patterns are often more persuasive than isolated incidents.

Psychological Effects

Research consistently shows mobbing can have devastating consequences.

Victims commonly experience:

• anxiety;

• depression;

• post-traumatic stress symptoms;

• sleep disturbance;

• panic attacks;

• loss of confidence;

• financial hardship;

• relationship breakdown.

Many ultimately resign or become medically unfit for work.

The damage often continues long after employment ends.

Building Evidence

Where bullying or mobbing is suspected, evidence is essential.

Useful evidence may include:

• a detailed chronology;

• emails;

• text messages;

• diary notes;

• meeting records;

• witness statements;

• medical evidence;

• policy documents;

• organisational charts;

• performance reviews;

• inconsistencies between witness accounts.

Rather than focusing on isolated incidents, it is often more effective to demonstrate an ongoing pattern of coordinated behaviour.

Can These Behaviours Lead to Legal Claims?

Depending on the circumstances, bullying, mobbing and collusion may support claims or applications involving:

• Stop Bullying Orders in the Fair Work Commission;

• General Protections applications where adverse action is connected to workplace rights or protected attributes;

• discrimination or sexual harassment complaints under Commonwealth or State legislation;

• workers’ compensation claims for psychological injuries;

• breaches of work health and safety obligations;

• constructive dismissal arguments where a worker resigns because the employment relationship has become untenable;

• unfair dismissal applications if the conduct culminates in termination.

Each matter turns on its own facts, and the available remedies will depend on the relevant legislation and evidence.

Final Thoughts

Bullying, mobbing and collusion are related but distinct concepts. Bullying involves repeated unreasonable behaviour directed at a worker.

Mobbing is a coordinated campaign by multiple people to isolate, undermine or force a person from the workplace. Collusion refers to secret cooperation between individuals to achieve an improper purpose, often enabling or concealing bullying or mobbing.

Recognising these differences can help workers, employers and investigators identify the true nature of workplace misconduct and respond appropriately. Early documentation, careful evidence gathering and adherence to fair investigative processes are essential to protecting the rights of everyone involved.

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Disclaimer: This article is provided for general educational information only. MYUNION is an employment and human rights advocacy service and is not a law firm. We do not provide legal advice or legal services. Every workplace matter depends on its own facts, and individuals should obtain advice from an appropriately qualified legal practitioner if they require legal advice about their specific circumstances.