Bullying at work can take different forms. Learn what the law says is bullying at work, and what is not.

The definition of workplace bullying

Bullying at work occurs when:

• a person or a group of people behaves unreasonably towards a worker or a group of workers at work AND
• this happens more than once AND
• this creates a risk to health and safety.

It includes behaviours such as:

• being aggressive or intimidating;
• using abusive or offensive language;
• mocking or humiliating someone; and / or
• holding ‘initiation ceremonies’.

Depending on the situation, bullying can also include behaviour and actions such as:

• teasing or playing jokes;
• leaving some workers out of work-related events;
• giving someone too much or too little work;
• giving someone work above or below their skill level; and / or
• not giving someone information that they need to do their job.

Harassment is behaviour which is directed at a person because of a personal characteristic and that could reasonably result in a person feeling offended, humiliated, or intimidated or places them in a hostile environment. Harassment does not need to be repeated and can be a single occurrence.

Harassment can entail treating people less favourably on the basis of particular protected attributes such as sex, gender, sexual orientation, race, disability or age.

Harassment can be physical, verbal, or visual and can occur through any means of communication, including in person, in writing, by telephone (voice or text messaging), by fax, via the internet (email, instant messaging, social media, photos or videos to cause hurt or embarrassment).

The law says that a person sexually harasses another person if they:

• make an unwelcome sexual advance, or an unwelcome request for sexual favours; or
• engage in other unwelcome conduct of a sexual nature.

In circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated, or intimidated.

Sexual harassment can involve conduct by one or more people and can be a single incident, repeated conduct, or part of a course of conduct.

Sexual harassment is against the law regardless of the sex, sexual orientation or gender identity of the people involved.

The intention of the alleged harasser is not relevant. The conduct may be sexual in nature even if the alleged harasser has no sexual interest in the person harassed, or is not aware that they are acting in a sexual way.

Sexual harassment can include:

• unwelcome physical contact;
• intrusive questions about a person’s private life or physical appearance;
• sharing or threatening to share intimate images or film without consent;
• unwelcome touching, hugging, cornering or kissing;
• repeated or inappropriate invitations to go out on dates;
• sexually suggestive comments or jokes that offend or intimidate;
• requests or pressure for sex or other sexual acts;
• sexually explicit pictures, posters or gifts;
• actual or attempted rape or sexual assault;
• being followed, watched or someone loitering (hanging around);
• sexually explicit comments made in person or in writing, or indecent messages (SMS, social media), phone calls or emails – including the use of emojis with sexual connotations;
• sexual gestures, indecent exposure or inappropriate display of the body;
• unwelcome conduct of a sexual nature that occurs online or via some form of technology – including in virtual meetings;
• inappropriate staring or leering; and / or
• repeated or inappropriate advances on email or other online social technologies.

Not all behaviour that makes you upset or anxious at work is bullying or harassment.

It is important to be aware that while a behaviour may be unwanted, disliked or something that you consider to be inappropriate, it may not necessarily be unreasonable, unacceptable, or harmful.

It is often helpful to talk with a manager or other trusted person to help you make a reasonable judgement as to whether a behaviour is:

• a risk to health and safety;
• fits the definition of one or more harmful behaviours; and / or
• whether it could be the start point of an incivility spiral that could lead to a risk to health and safety in the workplace if not addressed early.

Violence and aggression cover a broad range of behaviours and can include:

• verbal abuse, in person or over the telephone;
• written abuse via email or text message;
• harassment;
• threats and intimidation;
• physical or sexual assault; and / or
• malicious damage to property.

Violence, threats of violence or aggression in workplaces may be perpetrated by other workers (including workers of other businesses), customers, patients, or clients.

Health care, social assistance, security and public safety and security workers are at particular risk of exposure to harmful behaviours, especially violence and aggression.

This is because they often interact people who are distressed, confused, afraid, ill, in pain, affected by drugs or alcohol or receiving involuntary treatment.

Workers (and their clients or customers) may be both the subject and the source of conflict or poor workplace relationships and interpersonal conflict.

It often takes the form of chronic or frequent disagreements or disparaging and rude comments, either from one person or multiple people.

While conflict or poor workplace relationships may not fit the definition of one or more types of harmful behaviours described above, they are considered a psychosocial hazard because:

• they often co-occur with harmful behaviours or other psychosocial hazards such as low co-worker support;
• chronic exposure over time workers is a stressor that can gradually erode a worker’s health, work performance and, their capacity to perform their work safely. The risk for workers is amplified if they are also exposed to other psychosocial hazards; and
• they can be a start point of an ‘incivility spiral’ that can lead to more serious, harmful behaviours if unresolved.

All workers are responsible for their own behaviour and therefore must not engage in any conduct that harms another person in the workplace.

Workers also have a responsibility to take reasonable care to manage their health in order to minimise negative health or safety impact for others in their workplaces.

If you are experiencing bullying, sexual harassment, aggression or other harmful behaviours at work

How you immediately respond to harmful workplace behaviours may depend on its nature, your preferences, and your capacity.

For example, you may choose to:

• ask the person that it stop and explain the impact that it is having on you;
• seek support from other workers;
• remove yourself from the situation, such as retreating to a safe location or ending a phone call;
• ask the person to leave the work area or disconnecting the harasser from a phone call;
• ask a manager or other person to intervene and de-escalate the behaviour; and
• seek help from onsite security staff or police if the behaviour involves violence such as physical or sexual assault or the threat of it (the threat could be through verbal or written means).

After experiencing harmful workplace behaviour, you should consider:

• seeking support and advice from a colleague, helpline, counselling service, legal service or employee representative;
• approaching the other person(s) involved to talk about your concerns after the incident has occurred, if you feel safe and comfortable doing so (consider having a support person with you when you do this); and
• keeping a record of what happened, when and where it happened, who was involved and anything else you think may be important;
• disclosing what happened to a supervisor, HSR, human resources area or other person designated by your organisation (but not making a complaint); and / or
• submitting a complaint about the behaviour to the relevant contact person at your workplace so that it can be investigated.

Detailed information about complaint management and resolution for employers and workers can be found here.  It includes information on options for workers who wish to make a complaint about harmful workplace behaviours or other psychosocial risks in their workplace.