Employment Lawyers › Harassment & Bullying
Workplace Harassment & Bullying Lawyers — You Have Rights.
Repeated unreasonable behaviour that creates a risk to your health and safety is workplace bullying under the Fair Work Act — and it is unlawful. Sexual harassment in the workplace is a separate, serious matter under the Sex Discrimination Act, with a positive duty now on employers to prevent it. Get connected with an employment lawyer to understand your rights and your options.
⚠ Sexual harassment complaints to the AHRC must be lodged within 24 months. If you have been dismissed after making a harassment complaint, the 21-day general protections deadline also applies. Get advice now.
What We Help With
Workplace harassment and bullying — every form covered.
Workplace harassment and bullying takes many forms — from overt aggression and public humiliation to subtle exclusion and undermining of work. Understanding which legal pathway applies to your situation is the starting point.
Workplace Bullying — FWC Anti-Bullying Orders
Applying to the Fair Work Commission for an order to stop bullying — where repeated unreasonable behaviour by an individual or group creates a risk to health and safety and the employee remains employed.
Sexual Harassment — AHRC Complaints
Sexual harassment complaints under the Sex Discrimination Act to the Australian Human Rights Commission — including unwanted physical contact, sexual comments, and online harassment by managers, colleagues, or customers.
Hostile Work Environment
Where harassment from multiple colleagues or management creates an intolerable workplace — affecting your mental health, performance, and ability to continue working. Constructive dismissal claims may be available if the situation forces resignation.
Victimisation After Complaint
Targeted, isolated, or dismissed after making a harassment or bullying complaint. Victimisation is unlawful under both anti-discrimination law and Fair Work Act general protections — a claim can be brought alongside the original harassment complaint.
Workers Compensation — Psychological Injury
Where workplace bullying or harassment has caused a diagnosable psychological injury — a workers compensation claim may be available in addition to or instead of Fair Work proceedings, depending on your state.
Employer Liability — Failure to Investigate
Employers who fail to investigate complaints of bullying or sexual harassment — or who dismiss the complaint — may face liability for the ongoing harm caused. A lawyer advises on whether the employer's response (or lack of it) creates a separate claim.
What the Law Says
Bullying and harassment law — the FWC, AHRC, and WHS framework.
Workplace bullying and harassment law operates across multiple frameworks — Fair Work, anti-discrimination, and workplace health and safety. Knowing which framework gives you the best remedy is critical.
What is workplace bullying under the Fair Work Act?
Workplace bullying is defined as repeated unreasonable behaviour by an individual or group of individuals that creates a risk to health and safety. "Unreasonable behaviour" means behaviour that a reasonable person, having regard to the circumstances, would see as unreasonable. Single incidents are not bullying — the behaviour must be repeated. Reasonable management action carried out in a reasonable manner (performance management, roster changes, genuine performance feedback) is expressly excluded from the definition.
FWC anti-bullying orders — how they work
An employee who is being bullied at work can apply to the FWC for an order to stop the bullying — provided the employment relationship is ongoing. The FWC does not award compensation in anti-bullying proceedings — it can only make orders directed at stopping the behaviour (such as requiring the employer to implement a bullying policy, separating the parties, or directing that certain behaviours cease). Anti-bullying orders are a tool to make the workplace safe — compensation for harm caused is pursued through other pathways.
Sexual harassment — the Respect@Work changes
The Sex Discrimination Amendment (Respect at Work) Act 2022 significantly strengthened the legal framework for sexual harassment. Employers now have a positive duty to take reasonable and proportionate measures to eliminate sexual harassment, discrimination, and victimisation. The Australian Human Rights Commission has new compliance and enforcement powers over the positive duty. Sexual harassment complaints can be made to the AHRC or the relevant state body — and can proceed to the Federal Court if conciliation fails.
WHS obligations — the employer's duty of care
Under workplace health and safety legislation in each state and territory, employers have a primary duty of care to ensure the health (including psychological health) of workers. Bullying and harassment that creates a risk to psychological safety is a WHS matter — and employers who fail to manage the risk can be investigated by the relevant state WHS regulator (Safe Work Australia coordinates nationally). WHS proceedings are separate from Fair Work and anti-discrimination pathways and can result in significant fines against the employer.
Evidence — what to gather before making a complaint
A bullying or harassment complaint is strengthened by contemporaneous evidence — keeping a diary of incidents (date, time, location, what was said or done, who witnessed it), preserving relevant emails and messages, noting any physical symptoms or medical treatment, and recording any formal complaints made to management and the employer's response. Gathering this evidence before making a formal complaint — and before employment ends — significantly improves the prospects of a successful outcome. A lawyer advises on how to document the conduct without compromising your position.
Compensation — how much can I recover?
Sexual harassment compensation (through the Federal Court or FCFCA after failed AHRC conciliation) is uncapped — including compensation for hurt, humiliation, and distress. Bullying compensation is not available from the FWC but can be sought through workers compensation (for psychological injury) or through a personal injury claim in negligence where the employer's failure to act caused identifiable psychological harm. The right pathway for compensation depends on the nature of the conduct, whether it caused diagnosable harm, and which state you are in.
How It Works
One request. The right employment lawyer.
Describe what has happened, whether you are still employed, and your state. An employment lawyer will advise on the right pathway — FWC, AHRC, WHS, or workers compensation.
Submit Your RequestDescribe the conduct
Tell us what has been happening, how long it has been occurring, whether you are still employed, and your state.
Matched to an employment lawyer
Your request is matched to a lawyer experienced in workplace bullying and harassment — FWC anti-bullying applications, AHRC complaints, and workers compensation claims.
Free confidential consultation
An employment lawyer contacts you for a free, confidential consultation — advising on your options and helping you choose the right pathway for your situation.
Common Questions
Harassment & bullying — frequently asked questions.
Is my manager's behaviour bullying or just bad management?
The line is whether the behaviour is unreasonable by an objective standard. Tough but fair performance management, setting high expectations, and giving blunt feedback are not bullying. Publicly humiliating an employee, repeatedly singling them out, undermining their work without basis, and excluding them from meetings or communication can constitute bullying if the behaviour is repeated and creates a health and safety risk. A lawyer can assess the specific behaviour against the legal definition.
I made a complaint about bullying and was then dismissed — what can I do?
This is one of the most common scenarios in workplace law — and it gives rise to a general protections claim as well as potentially an unfair dismissal claim. Making a complaint to a body with the power to remedy the matter (including an internal HR complaint or a WHS complaint) is a protected workplace right under the Fair Work Act. Dismissal because of making that complaint is unlawful adverse action. The 21-day FWC deadline applies for a dismissal adverse action claim — act immediately.
Can I get compensation for the psychological harm bullying has caused?
Not directly from the FWC — FWC anti-bullying orders only stop the behaviour, not compensate for past harm. Compensation for psychological injury caused by workplace bullying can be sought through a workers compensation claim (if there is a diagnosable psychological condition), through a personal injury claim in negligence against the employer (where the employer knew of the risk and failed to act), or through an anti-discrimination complaint if the bullying had a discriminatory dimension. A lawyer advises on the best avenue for compensation in your specific circumstances.