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I think I’m being bullied at work. What should I do?

This material is designed and intended to provide general information in summary form on legal topics, current at the time of publication, for general informational purposes only. This is not legal advice.

 

The best way to protect your rights at work is to join your union. There is a union for every worker.  You can find out what union covers you by calling Australian Unions on 1300 486 466 or join here: www.australianunions.org.au/join/begin-join

 

IMPORTANT: Sometimes bullying may also be sexual harassment or discrimination. 

For information on sexual harassment go here: wwcsa.org.au/resources/report-workplace-sexual-harassment

For information on discrimination, go here: wwcsa.org.au/resources/discrimination-at-work

 

Everyone has the right to be treated with dignity and respect at work. Workplace bullying can affect your health, wellbeing, and ability to do your job. If you are being bullied at work, there are steps you can take to protect yourself and get support. 

 

 

What is bullying? 

Bullying is repeated (not one-off) unreasonable behaviour that creates a risk to health and safety. This can include aggressive behaviour, humiliation, exclusion, spreading rumours, unreasonable work demands, or repeated offensive comments.

Reasonable management action is not bullying. Some examples of reasonable management action include setting reasonable performance goals, and providing feedback in a constructive way. 

I’m being bullied in the workplace, what should I do? 

  1. Keep records 

Write down what happened, including: 

  • Dates and times 
  • What was said or done 
  • Who was involved 
  • Any witnesses 
  • Copies of emails, messages or other documents 

Good records can help if you later make a complaint or claim. 

 

    2. Contact your union 

If you’re a union member, contact your union as early as possible. Your union can provide advice, support and representation. Telling your union about bullying may also help identify wider workplace issues and support action to protect other workers. 

Being a union member means you do not have to face bullying alone. 

 

   3. Follow workplace reporting processes 

If it is safe to do so, report the bullying through your employer’s complaint, grievance or bullying procedures. You can also seek assistance from: 

  • A health and safety representative (HSR) 
  • Human resources (HR) 
  • Your manager (if they are not involved) 
  • Your union 

When making a complaint, focus on the facts. Include dates, times, witnesses and what happened. Keep your language clear and professional. It can also help to explain what outcome you would like. For example, you might ask to work under a different supervisor or team leader. 

Once you receive a response, next steps may involve you being interviewed, or your employer may request that you attend a mediation.  You may want to ask to bring a support person with you to any meeting or mediation. 

If you have participated in meetings or mediation, ask for a written outcome or determination.  

If you have followed internal policies and procedures and your bullying matter is still unresolved, you may be eligible to escalate your matter to the Fair Work Commission (FWC) by seeking a Stop Bullying Order. 

 

What is a Stop Bullying Order? 

If you have followed your workplace procedures and your matter has not been resolved, you may be eligible to make an application for a Stop Bullying Order in the Fair Work Commission.  It is important to note that a one-off incident of bullying will not be sufficient to make a bullying claim.  

A Stop Bullying Order cannot compensate you for past bullying, it is designed to prevent future bullying. 

You can only apply for a stop bullying order if: 

  • You are still working at the workplace; and 
  • Your employer is a ‘constitutional corporation’.  In South Australia, this means you are unlikely to be able to make an application if you are employed by a sole trader or partnership, a state government or local council, or if you are a member of the Defence force.  

 

What outcomes can I expect from a Stop Bullying Order? 

A Stop Bullying Order can include: 

  • Ordering the person or group of persons to stop the specified behaviour,  
  • Your employer being monitored,  
  • Orders for compliance with employer’s anti-bullying policy,  
  • Orders for the provision of information, additional support, and training to workers, and  
  • A review of your employer’s workplace bullying policy.  

Why contact your union first? 

If you are a member, a union can help you: 

  • Assess whether a stop bullying application is appropriate 
  • Gather evidence 
  • Understand the process 
  • Obtain representation or support during proceedings 

How to make the claim 

For more information on how to make a claim please see the link below.  

wwcsa.org.au/resources/report-workplace-sexual-harassment

 

If you are not eligible to apply for a Stop Bullying Order, you can make a complaint (including an anonymous complaint) to Safe Work SA.  You can find out more here: www.safework.sa.gov.au/notify/report-a-workplace-concern 

 

If you have been psychologically or physically injured by workplace bullying and you are unable to work or have medical expenses, you may be eligible to make a Return to Work claim.  You can find the claim form here: www.rtwsa.com/media/documents/claim-form.pdf 

Remember 

  • Keep records. 
  • Contact your union early. 
  • Report bullying if it is safe to do so. 
  • Get medical support if your health is affected. 
  • Consider a stop bullying application through the Fair Work Commission if the behaviour is continuing. 
  • Explore workers compensation through ReturnToWorkSA if bullying has caused injury. 

Workplace bullying is rarely just an individual problem. When workers come together through their union, they are often in a stronger position to challenge bullying, improve workplace culture and make the workplace safer for everyone. 

Last updated: 10 November 2026

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