Workplace Bullying and Harassment

Workplace bullying is repeated unreasonable behaviour directed at a worker or group of workers that creates a risk to health and safety. This lesson explains the definition and gives examples. Key points: bullying can be verbal, physical, social or online; it can come from managers, peers, participants or families; it can be obvious, such as yelling, or subtle, such as exclusion or withholding information; and a single incident may not be bullying but can still be unacceptable and should still be reported.

Not every difficult interaction at work is bullying. This lesson explains reasonable management action and other situations that are not bullying, while making clear that they should still be handled respectfully. Key points: reasonable management action carried out in a reasonable way, such as performance feedback, rostering decisions or investigating a complaint, is not bullying; a single rude comment or a genuine disagreement is not usually bullying but may still breach our code of conduct; and anyone can raise a concern if they are unsure.

Sexual harassment is unwelcome conduct of a sexual nature that a reasonable person would expect could make someone feel offended, humiliated or intimidated. It is unlawful under the Sex Discrimination Act. This lesson explains what it looks like. Key points: it can be physical, verbal, written, visual or online; it does not need to be repeated, one incident is enough; intent does not matter; it can come from colleagues, managers, participants, families or others; and a workplace environment that is hostile on the ground of sex is also unlawful.

Since December 2022, the Sex Discrimination Act has required employers to take reasonable and proportionate measures to eliminate, as far as possible, sexual harassment, sex discrimination, sex based harassment, hostile workplace environments on the ground of sex and victimisation. The Australian Human Rights Commission has been able to enforce this positive duty since December 2023. This lesson explains what we do to meet it and reminds you that harassment based on race, disability, age, sexuality, gender identity and other attributes is also unlawful.

Bystanders can make a big difference in stopping bullying and harassment. This lesson introduces simple, safe ways to act when you see something wrong. Key points: you can interrupt or distract, support the person afterwards, speak to the person behaving badly if it is safe, and report what you saw; always consider your own safety first; and remember that staying silent can send the message that the behaviour is acceptable. We protect people who speak up in good faith from victimisation.

This lesson explains how to raise a concern about bullying, sexual harassment or other harassment, and what support is available. Key points: you can raise concerns informally or formally with your team leader, another manager or human resources; keep a record of dates, what happened and any witnesses; we will treat reports confidentially and fairly; victimising anyone who reports is unlawful; support is available through our Employee Assistance Program; and external options include the Fair Work Commission, the Australian Human Rights Commission, and your state or territory WHS regulator.

This case study follows Lin, a new support worker whose senior colleague, Graham, repeatedly criticises her in front of participants, changes her tasks without explanation and sends her late night messages about her mistakes. The lesson looks at how Lin recognises the behaviour as bullying, keeps a record and reports it, and how the team leader responds fairly to both workers. Key points: bullying often comes from someone with more experience or influence, a record of dates and details helps, reports are handled fairly and confidentially, and support is available throughout.

This case study follows Yasmin, a support worker who provides personal care to Craig, a participant who has started making sexual comments during his morning routine. When Yasmin mentions it, her team leader tells her it is just how Craig is. The lesson shows why that response is not good enough, who else Yasmin can go to, and how we manage the risk while treating Craig with dignity, including through behaviour support. Key points: behaviour from participants must be reported, a person's disability never means you must simply accept harassment, and the positive duty requires us to act.