Workplace Bullying: Are You Doing Enough?
Is Your Workplace Safe or Just Compliant?
Imagine this: An employee dreads coming to work every day because they feel targeted by a colleague. Their ideas are dismissed in meetings, they are excluded from team discussions, and sarcastic comments are thrown their way. They are stressed, anxious, and unsure where to turn.
Now ask yourself: Would your workplace recognise this as a problem? More importantly, would your employees feel safe enough to report it?
A safe and productive workplace is not just about meeting compliance requirements, it is about fostering a culture where employees feel valued, protected, and supported. Workplace bullying, harassment, and discrimination can have lasting effects on mental health, morale, and business performance. Addressing these behaviours is not just the right thing to do—it is essential for a thriving organisation.
What is Workplace Bullying?
Workplace bullying occurs when an individual or group engages in repeated unreasonable behaviour towards a worker that creates a risk to health and safety. This may include verbal abuse, exclusion, intimidation, or setting up an employee for failure.
However, reasonable management action carried out in a fair and lawful manner, such as performance reviews or disciplinary actions, is not considered bullying under the law.
Examples of workplace bullying include:
✔ Constant verbal abuse or public humiliation
✔ Being deliberately excluded from workplace activities
✔ Unfair workloads or expectations designed to set someone up for failure
✔ Intimidation or micromanagement that causes undue stress
Bullying is not just about personal conflicts, it’s a serious workplace risk that employers are legally required to prevent.
What is Workplace Discrimination?
Discrimination occurs when someone is treated unfairly based on a protected characteristic, such as:
✔ Race
✔ Gender
✔ Age
✔ Disability
✔ Sexual orientation
✔ Religion
Discrimination can be direct (e.g., denying a promotion due to gender) or indirect (e.g., policies that disadvantage certain groups). A single act may be unlawful if it meets the threshold for discrimination under Australian law.
For example, if an employer denies a reasonable workplace adjustment for an employee with a disability, this could be unlawful discrimination.
What is Sexual Harassment?
Sexual harassment is unwelcome conduct of a sexual nature that makes a person feel offended, humiliated, or intimidated.
It can include:
✔ Unwanted sexual advances or requests
✔ Inappropriate comments about appearance
✔ Sharing sexually explicit jokes or images
✔ Unwanted physical contact
Unlike bullying, a single incident of sexual harassment can be unlawful.
Employer Responsibility:
Employers are legally required to take proactive steps to prevent sexual harassment in the workplace under the Sex Discrimination Act 1984 (Cth). This means businesses must have clear policies, reporting systems, and training in place to address workplace sexual harassment before it occurs.
When Harmful Behaviour Does Not Meet the Legal Definition
Not all negative workplace behaviours meet the legal definitions of bullying, harassment, or discrimination but that does not mean they should be ignored.
A strong workplace code of conduct should go beyond legal definitions and address harmful behaviours like:
✔ Gossip and exclusion, which create a toxic work environment
✔ Dismissing or belittling colleagues’ contributions in meetings
✔ Passive-aggressive behaviour that undermines team trust
While these actions may not always be unlawful, they damage workplace morale and increase psychosocial risks. By setting clear expectations for workplace behaviour, businesses can create a respectful and psychologically safe work environment.
Legal Responsibilities for Employers
Under Victoria’s Occupational Health and Safety Act 2004 and the Model Work Health and Safety Act, employers have a legal duty of care to provide a safe work environment.
This means:
✔ Preventing risks to employee health and safety, including psychosocial hazards like bullying and harassment
✔ Taking proactive steps to eliminate or minimise risks where possible
✔ Providing clear policies, training, and reporting systems to support employees
Employers who fail to act can face legal consequences—but beyond that, they risk losing great employees and damaging workplace culture.
How to Prevent Workplace Bullying, Harassment, and Discrimination
There is no quick fix for a toxic workplace, but taking proactive steps can prevent harm before it starts. Here are five key actions every business should take:
1. Set Clear Policies
✔ Define workplace bullying, harassment, and discrimination in written policies
✔ Communicate expected behaviours and the consequences of misconduct
2. Train Employees and Leaders
✔ Provide regular training on recognising and addressing harmful behaviours
✔ Teach de-escalation techniques and active bystander skills
✔ Use microlearning to reinforce key messages throughout the year
3. Create a Respectful Culture
✔ Encourage inclusivity, open conversations, and diverse perspectives
✔ Ensure leaders model respectful behaviour and take action when needed
4. Provide Safe Reporting Options
✔ Offer confidential ways for employees to report concerns without fear of retaliation
✔ Use anonymous feedback tools for sensitive workplace issues
5. Monitor and Improve
✔ Survey employees regularly to measure workplace culture and identify problem areas
✔ Use feedback to update policies, improve training, and prevent recurring issues
The Bigger Picture: Why It Matters
Preventing workplace bullying, harassment, and discrimination is not just about avoiding legal trouble it’s about building a workplace where people feel safe, respected, and motivated to do their best work.
Businesses that prioritise prevention benefit from:
✔ Happier, more engaged employees who feel valued
✔ Stronger teamwork and communication
✔ Lower turnover and absenteeism, reducing hiring costs
✔ A strong workplace reputation, making it easier to attract top talen
Creating a safe and respectful workplace is everyone’s responsibility, but it starts with leadership setting the tone. By taking proactive steps today, businesses can build a culture of respect and accountability that benefits everyone.
Take Action Today
The best workplaces do not just comply with the law—they actively prevent harm.
Ask yourself: Are we doing enough?
If your organisation needs expert guidance on workplace culture, bullying prevention, or compliance training, get in touch today.
✔ Explore our training programs
✔ Book a consultation to assess your risk areas
✔ Take the next step in building a safer, more respectful workplace
Contact us today and let’s start a converation.
