Facing Workplace Bullying in Australia - Know Your Rights and Options
Workplace bullying under Australian law means repeated unreasonable behaviour that creates a risk to your health and safety. If your supervisor, colleague or subordinate repeatedly humiliates, intimidates, excludes or verbally abuses you, the Fair Work Commission can order them to stop. You have 90 days from the last incident to file an anti-bullying application, and you must still be employed by the same employer when you apply.
Do You Need a Lawyer?
You need legal help immediately if workplace bullying has caused you psychological injury, if you're considering resigning, or if your employer has dismissed or threatened you after you complained. Without proper legal advice, you risk missing the strict 90-day deadline for Fair Work Commission applications, filing weak evidence that gets your case dismissed, or accepting inadequate settlement offers.
A workplace lawyer can lodge your anti-bullying application correctly, gather admissible evidence like witness statements and email records, negotiate with your employer's legal team, and pursue WorkCover compensation claims simultaneously. The Fair Work Commission's own statistics show that applicants with legal representation achieve stop bullying orders in 73% of cases, compared to just 31% for self-represented workers.
Don't wait until your mental health deteriorates further or you miss critical deadlines. Call 1300 636 846 now for urgent advice on protecting your rights and building the strongest possible case.
What Happens Next - The Process
- Document everything immediately - Write down dates, times, witnesses and exact words used in bullying incidents. Save emails, text messages and any other evidence on your personal devices.
- Report to your employer first - The Fair Work Commission requires you to attempt resolution through your workplace before they'll hear your case. Follow your company's grievance procedure exactly.
- File Form F72 within 90 days - Lodge your anti-bullying application online at fairwork.gov.au or by post. Include detailed evidence and specify exactly what behaviour you want stopped.
- Attend the initial conference - The Fair Work Commission schedules a telephone or video conference within 14 days. Both parties discuss the allegations and potential solutions.
- Participate in mediation if ordered - The Commission may direct you and your employer to attend formal mediation to reach agreement on stopping the bullying.
- Attend the hearing if required - If mediation fails, a Fair Work Commission Member conducts a formal hearing where both sides present evidence and witnesses.
- Receive the decision - The Commission either dismisses your application, or issues a stop bullying order with specific requirements your employer must follow.
The Law in Australia
The Fair Work Act 2009 Section 789FD defines workplace bullying as repeated unreasonable behaviour directed toward a worker or group of workers that creates a risk to health and safety. The behaviour must be:
- Repeated (more than one incident)
- Unreasonable (a reasonable person would consider it unreasonable in the circumstances)
- Directed at a worker
- Creating a risk to health and safety
Examples of workplace bullying include repeated verbal abuse, deliberate exclusion from work activities, setting impossible deadlines, constant criticism, spreading malicious rumours, or aggressive physical gestures. The Fair Work Commission can issue stop bullying orders under Section 789FF requiring specific actions to prevent continued bullying.
What is NOT workplace bullying: Reasonable management action carried out reasonably, including performance management, disciplinary action, rostering and allocation of work, decisions about work restructuring or redundancy. A single incident of unreasonable behaviour also doesn't constitute bullying under the Act.
Workers can also claim compensation through state WorkCover schemes. In NSW, psychological injury claims under the Workers Compensation Act 1987 require the work-related stress to be the main contributing factor to the injury. In Victoria, the Workplace Injury Rehabilitation and Compensation Act 2013 covers mental injury from workplace bullying where employment is a significant contributing factor.
Mistakes to Avoid
1. Waiting too long to take action - The 90-day deadline for Fair Work Commission applications is absolute. We regularly see workers who suffered months of bullying but missed their legal deadline by just a few days, leaving them with no recourse through the Commission.
2. Failing to report internally first - The Fair Work Commission will dismiss your application if you haven't given your employer a reasonable opportunity to address the bullying through their internal procedures. Always follow company grievance processes, even if you expect them to fail.
3. Poor evidence collection - Vague allegations like "they always pick on me" won't succeed. You need specific dates, exact words spoken, witness details, and documentary evidence. We've seen strong cases fail because workers relied on memory instead of contemporaneous records.
4. Confusing bullying with poor management - Many applications fail because workers misunderstand what constitutes bullying. Being asked to improve performance, receiving negative feedback, or being disciplined for misconduct can feel awful but isn't bullying if done reasonably.
5. Going it alone against employer lawyers - Major employers use experienced workplace lawyers who know how to exploit procedural errors and weak evidence. Self-represented workers face overwhelming disadvantages in legal proceedings designed for lawyers.
Likely Outcomes and Costs
With proper legal representation, the Fair Work Commission grants stop bullying orders in approximately 70% of cases. These orders typically require employers to ensure supervisors receive management training, implement new workplace policies, arrange workplace mediation, or in serious cases, separate the parties through role changes.
Without a lawyer, your chances drop dramatically. The Commission dismisses most self-represented applications for procedural errors, insufficient evidence, or failure to meet legal definitions. Employers' lawyers routinely exploit these weaknesses to avoid accountability.
Legal costs: Our fixed-fee consultation provides immediate clarity on your case strength and options. Full representation for Fair Work Commission proceedings typically costs $3,000-$8,000 depending on complexity. This investment often pays for itself through successful WorkCover claims, which can provide thousands in medical expenses and wage loss compensation.
Timeframes: Fair Work Commission proceedings usually conclude within 3-6 months. WorkCover psychological injury claims take 6-18 months but can result in significant compensation for ongoing treatment, lost wages, and permanent impairment.
Early legal intervention often resolves cases through employer settlement offers, avoiding lengthy proceedings entirely while securing better outcomes than most workers achieve alone.
How Go To Court Lawyers Can Help
Go To Court Lawyers' 800+ employment lawyers across every state and territory have secured stop bullying orders for thousands of Australian workers since 2010. Our workplace bullying specialists understand both Fair Work Commission procedures and state WorkCover systems, maximizing your compensation while protecting your ongoing employment.
We provide immediate protection through urgent Fair Work Commission applications, gather compelling evidence that survives legal challenges, negotiate directly with employer lawyers to achieve early settlements, and pursue parallel WorkCover claims for maximum compensation. Our team has achieved over $50 million in workplace compensation for Australian workers, with an average client rating of 4.5 stars from 780 reviews.
Take action now: Call our 24/7 hotline on 1300 636 846 for immediate advice on your workplace bullying situation. Our fixed-fee consultation provides clear guidance on your legal options and case strength, with no surprises or hidden fees. Book online instantly at gotocourt.com.au/book or request urgent callback for same-day assistance.
Don't let workplace bullies destroy your career and mental health. With the right legal support, you can stop the bullying, protect your job, and secure fair compensation. Our experienced lawyers are ready to fight for your rights - contact us today.