Workplace bullying is a serious issue that can have lasting effects on both employees and businesses. In South Morang, small businesses and workers alike need to understand their rights and obligations under Victorian and federal workplace laws. Knowing how to identify, address and respond to workplace bullying can help protect employees and foster a healthy and productive work environment.
This article explains what workplace bullying is, employee rights under Victorian law, legal remedies that may be available, and practical steps employees and employers can take when bullying occurs at work.
What Is Workplace Bullying?
Workplace bullying occurs when an individual or group repeatedly behaves unreasonably towards a worker or group of workers and that behaviour creates a risk to health and safety. This behaviour can include verbal abuse, intimidation, exclusion, humiliation, inappropriate criticism and other unreasonable conduct.
Workplace bullying is more than an occasional disagreement, workplace conflict or reasonable performance management. Whether conduct amounts to bullying depends on the circumstances, including whether the behaviour is repeated, unreasonable and creates a risk to health and safety.
Examples of workplace bullying may include:
- Repeated verbal abuse, insults, name-calling or offensive language.
- Intimidation, threats, humiliation or belittling behaviour.
- Deliberately excluding a worker from meetings or workplace activities without a reasonable basis.
- Repeatedly undermining a person’s work through unreasonable criticism or other conduct.
- Unreasonable behaviour intended to humiliate or intimidate a worker.
It is important to remember that not every difficult workplace interaction will legally amount to workplace bullying. For example, reasonable management action carried out in a reasonable manner is not necessarily workplace bullying.
Workplace Bullying Laws in Victoria
Workplace bullying in Victoria can involve both occupational health and safety laws and federal workplace laws. The legal pathway available will depend on the circumstances of the conduct, the worker’s employment and the nature of the harm or risk involved.
Victoria’s Occupational Health and Safety Act 2004 (OHS Act) places duties on employers to provide and maintain, so far as is reasonably practicable, a working environment that is safe and without risks to health.
Victoria’s workplace safety framework recognises workplace bullying as a risk to workers’ health and safety. The Occupational Health and Safety (Psychological Health) Regulations 2025 also introduced specific duties relating to psychosocial hazards and risks, including workplace bullying. These regulations commenced on 1 December 2025.
At the federal level, the Fair Work Act 2009 provides a framework for workers to apply to the Fair Work Commission for an order to stop workplace bullying in certain circumstances.
Employee Rights Under Victorian Law
Employees have important protections under workplace health and safety, employment and anti-discrimination laws. These protections can apply whether you work for a large organisation or a small business in South Morang.
Employees generally have the right to:
- Work in a safe and healthy environment without unreasonable behaviour creating a risk to health and safety.
- Raise concerns about workplace bullying and other workplace health and safety risks.
- Access workplace policies and procedures that explain how complaints and grievances are handled.
- Seek assistance from relevant workplace authorities where appropriate.
- Seek legal advice about their rights and available options.
Employees may also have additional protections where bullying involves discrimination, sexual harassment or victimisation. The specific legal protections available will depend on the circumstances.
Signs of Workplace Bullying to Watch For
It can sometimes be challenging to identify workplace bullying because the behaviour might not always be overt. Workplace bullying can involve a pattern of conduct rather than one obvious incident.
Common signs may include:
- Repeated verbal abuse, name-calling or offensive language.
- Repeated intimidation, threats, humiliation or belittling.
- Deliberately excluding someone from meetings or workplace activities.
- Repeatedly undermining a person’s work performance through unreasonable criticism or other conduct.
- Unreasonable behaviour designed to humiliate or intimidate a worker.
- Persistent conduct that causes a worker to feel unsafe or creates a risk to their health and safety.
If you experience or witness such behaviour, it is important to consider the circumstances carefully and act promptly. Left unchecked, workplace bullying can contribute to psychological harm, employee turnover, reduced productivity and legal risks for a business.
Workplace Bullying: What Is the Difference Between Bullying and Normal Workplace Conflict?
Not every disagreement or difficult workplace interaction will constitute workplace bullying. A workplace can involve disagreements, performance discussions and management decisions without those actions necessarily amounting to bullying.
Workplace bullying generally involves repeated unreasonable behaviour that creates a risk to health and safety. The circumstances of the conduct matter, and reasonable management action carried out in a reasonable manner is not necessarily bullying.
| Situation | May amount to workplace bullying? |
|---|---|
| Repeated unreasonable verbal abuse or humiliation | Potentially, depending on the circumstances |
| A reasonable performance discussion conducted appropriately | Generally not, simply because the employee finds it difficult |
| An isolated workplace disagreement | Not necessarily, as bullying generally involves repeated behaviour |
| Repeated conduct creating a risk to a worker’s health and safety | Potentially, if the other elements of workplace bullying are also present |
This distinction is important because the legal test for workplace bullying is specific. If you are unsure whether conduct may amount to workplace bullying, obtaining legal advice can help you understand the available options.
Legal Remedies Available for Workplace Bullying
If you are facing workplace bullying, several legal and workplace remedies may be available. The appropriate option will depend on the nature of the conduct and your circumstances.
- Stop Bullying Orders
Employees may be able to apply to the Fair Work Commission for an order to stop workplace bullying. The application process is subject to eligibility requirements, and the Commission must be satisfied that the legal requirements for making an order are met. The Commission’s anti-bullying jurisdiction is focused on stopping bullying rather than awarding compensation for the bullying itself. You can find the Stop Bullying Order application information through the Fair Work Commission. - Workers’ Compensation Claims
In cases where workplace bullying contributes to a psychological injury, you may be eligible to lodge a workers’ compensation claim under the Victorian workers’ compensation system. Depending on the circumstances and eligibility requirements, compensation may cover medical expenses, lost wages and rehabilitation support. Further information is available from WorkSafe Victoria. - Workplace Investigations and Grievances
Many businesses in Victoria, including smaller organisations, have internal procedures for handling workplace grievances. If bullying is reported, an internal complaint may lead to an investigation by management or HR. The appropriate process will depend on the employer’s policies and the circumstances of the complaint. - OHS Complaints
Workplace bullying can be a health and safety issue. Employees can raise concerns about unsafe working conditions with their employer and, where appropriate, with WorkSafe Victoria. Employers have duties to identify and control relevant health and safety risks. - Anti-Discrimination Laws
If bullying or other inappropriate conduct relates to a protected personal characteristic, additional legal protections may apply. Depending on the circumstances, a complaint may be available through the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) or another relevant body.
Steps Employees Can Take If They Are Being Bullied at Work
If you are dealing with workplace bullying, consider taking the following steps where it is safe and appropriate to do so:
- Document the incidents: Keep a clear record of bullying incidents, including dates, times, locations, people involved and the nature of the behaviour. Retain relevant emails, messages or other records where appropriate.
- Review workplace policies: Check your employer’s bullying, grievance, complaints and workplace health and safety policies so you understand the available internal processes.
- Raise the issue early: Where appropriate, report the behaviour to your supervisor, manager, HR representative or another person nominated under the workplace’s procedures. Early intervention can help address issues before they escalate.
- Seek external support: If internal procedures are ineffective or the circumstances warrant external assistance, organisations such as the Fair Work Commission or WorkSafe Victoria may provide relevant information or assistance.
- Consider legal advice: If workplace bullying continues or you are unsure which legal pathway applies, consulting an employment lawyer can help you understand your rights and options.
What Can Employers Do to Prevent Workplace Bullying?
Employers in South Morang and throughout Victoria can take proactive steps to prevent and respond to workplace bullying. This includes implementing appropriate workplace policies, providing training, monitoring workplace risks and creating processes that allow employees to raise concerns.
Under Victoria’s current occupational health and safety framework, employers also have specific obligations relating to psychosocial hazards and risks. Workplace bullying is one of the psychosocial hazards that employers may need to identify, control and review as part of their workplace health and safety processes.
Practical steps can include:
- Implementing clear workplace bullying and complaint procedures.
- Providing appropriate training to managers, supervisors and employees.
- Encouraging employees to raise concerns early.
- Responding promptly and appropriately when concerns are raised.
- Identifying psychosocial hazards and implementing appropriate risk controls.
- Reviewing workplace measures where circumstances change or existing controls are not effective.
- Promoting respectful communication and a positive workplace culture.
Fostering open communication and encouraging employees to speak up can help prevent workplace disputes from escalating into more serious issues.
Why Addressing Workplace Bullying Matters for Small Businesses
Small businesses, like any other organisation, are not immune to the risks of workplace bullying. Failing to address bullying can contribute to legal disputes, reduced employee productivity, staff turnover and reputational damage.
Victorian employers have obligations to manage risks to the health and safety of workers, including relevant psychological health and psychosocial risks. Preventative measures can help businesses meet their legal obligations while promoting a workplace where employees feel safe and supported.
For small businesses in South Morang, having clear workplace policies and procedures can be particularly important because concerns may arise within smaller teams where employees and managers work closely together.
When to Seek Legal Help for Workplace Bullying
If you believe your employer has failed to address workplace bullying, if internal processes are ineffective, or if you are unsure which legal remedy may apply, it may be time to seek legal assistance.
Consulting with a lawyer who specialises in employment law can help you understand your options and take appropriate steps to protect your rights.
Legal advice may be particularly useful if you are considering a Stop Bullying Order, a workers’ compensation claim, a workplace grievance, an occupational health and safety complaint or an anti-discrimination complaint.
At Irvine Lawyers, we have extensive experience supporting employees and businesses with workplace issues. Whether you need advice on lodging a Stop Bullying Order, workers’ compensation claims or navigating workplace investigations, we are here to help.
Frequently Asked Questions About Workplace Bullying in Victoria
What legally counts as workplace bullying in Victoria?
Workplace bullying generally involves repeated unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety. Whether conduct meets the legal definition depends on the circumstances.
Can one incident be workplace bullying?
A single incident will not generally satisfy the repeated-behaviour requirement for workplace bullying under the Fair Work Act. However, a single incident may still be serious and may potentially involve another legal issue, such as discrimination or sexual harassment, depending on the circumstances.
Can I apply for a Stop Bullying Order?
Eligible workers may be able to apply to the Fair Work Commission for an order to stop workplace bullying. The Commission must be satisfied that the relevant legal requirements are met before making an order.
Can workplace bullying lead to a workers’ compensation claim?
Workplace bullying may contribute to psychological injury. Depending on the circumstances and the applicable Victorian workers’ compensation requirements, a worker may be able to make a claim. WorkSafe Victoria provides information about the Victorian workers’ compensation system.
Can workplace bullying also be discrimination?
Yes. Bullying may also amount to unlawful discrimination where the conduct is connected with a protected personal characteristic under applicable anti-discrimination legislation. The legal requirements depend on the circumstances.
Should I speak to a workplace bullying lawyer?
If you are unsure about your rights, have already reported bullying internally, or are considering taking formal legal action, obtaining legal advice can help you understand which options may be available in your circumstances.
Book an Appointment Today
If you or someone you know is dealing with workplace bullying, do not wait to seek advice. Early intervention can make a significant difference. Book an appointment with Laurie Irvine today to discuss your situation and explore your legal options.
Addressing workplace bullying is essential for creating respectful, productive workplaces in South Morang. With the right knowledge and legal support, both employees and employers can work towards ensuring that bullying has no place in the workplace.