Bullying, Harassment & Discrimination
Understanding workplace behaviour
Workplace bullying, harassment and discrimination can have significant consequences for employees, employers and workplace relationships. While these issues are sometimes linked, each is treated differently under Australian workplace law and requires consideration of the individual circumstances of each matter.
Whether you are experiencing workplace bullying, responding to allegations or managing a complaint within your organisation, obtaining legal advice early can help you understand your rights, responsibilities and the options available.
Recognising workplace bullying
Not every disagreement or difficult conversation at work amounts to workplace bullying. However, where behaviour becomes repeated and unreasonable and creates a risk to a person's health and safety, it may constitute workplace bullying under NSW workplace laws.
Workplace bullying can take many forms and is not always obvious. It may involve;
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Persistent and unjustified criticism,
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Threats about employment,
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Exclusion from workplace activities,
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Inconsistent application of workplace rules, or
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Unreasonable workloads or unrealistic deadlines.
It can also include;
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Excessive scrutiny of work performance,
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Withholding information or resources needed to perform work,
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Deliberately changing work arrangements to create unnecessary difficulty,
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Repeated contact outside agreed working hours,
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Taking credit for another person's work, or
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Verbal or physical abuse.
Whether conduct amounts to workplace bullying depends on the individual circumstances of the matter, including the pattern of behaviour, the context in which it occurred and the impact it has had on the person's health and safety. Seeking legal advice can help determine whether workplace bullying has occurred, clarify your legal rights and obligations, and identify the options available to you.
What is workplace harassment?
Workplace harassment is different from workplace bullying and can arise from a single incident or a pattern of behaviour. It generally involves unwelcome conduct that intimidates, humiliates or offends another person and may occur between colleagues, managers, contractors, clients or customers. In some circumstances, workplace harassment may also amount to unlawful discrimination or sexual harassment under Australian law.
Sexual harassment is prohibited under the Sex Discrimination Act 1984 (Cth), and employers are also required under the Fair Work Act 2009 (Cth) and the Work Health and Safety Act 2011 (NSW) to provide a workplace that is safe and free from unlawful behaviour.
Workplace harassment may include;
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Unwelcome sexual comments or advances,
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Offensive jokes or remarks,
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Intimidating or threatening behaviour,
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Humiliating or degrading comments,
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Unwanted physical contact,
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Repeated offensive emails, text messages or social media communication, or
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Conduct that creates a hostile or intimidating workplace.
Unlike workplace bullying, harassment does not always need to be repeated before legal rights arise. Whether conduct amounts to unlawful harassment depends on the nature of the behaviour, the surrounding circumstances and the effect it has on the person experiencing it.
Understanding workplace discrimination
Workplace discrimination occurs when a person is treated less favourably because of a characteristic protected by law. Unlike bullying, discrimination focuses on why a person has been treated differently rather than whether the behaviour has been repeated.
In New South Wales, workplace discrimination is governed by the Anti-Discrimination Act 1977 (NSW), while additional protections exist under the Fair Work Act 2009 (Cth) and Commonwealth anti-discrimination legislation.
Discrimination may arise during recruitment, employment, promotion, disciplinary action, training opportunities, redundancy or termination.
Protected attributes may include;
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Age,
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Race,
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Sex,
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Disability,
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Pregnancy,
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Family or carer's responsibilities,
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Marital or relationship status,
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Religious belief,
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Sexual orientation,
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Gender identity, or
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Other characteristics protected under Australian law.
Determining whether workplace conduct amounts to unlawful discrimination requires careful consideration of the circumstances, the reasons for the treatment and the legislation that applies. Obtaining legal advice can assist in determining whether a claim may exist and how best to respond to the situation.
What should you do if you feel you are being bullied, harassed or discriminated against
Keep a diary
Record relevant incidents,
including dates, times, witnesses
and any emails, messages or other communications that relate to the conduct.
Review your contract
Review your employment contract and any workplace policies to understand your rights, obligations and any internal complaint procedures.
Raise your concerns
Raise your concerns through your employer's complaint or grievance process, your manager, Human Resources or your union representative, where applicable.
Seek medical support
If the conduct has affected your physical or psychological health, seek appropriate medical advice and retain any relevant records.
Obtain Legal Advice
Seeking legal advice early can help you understand your rights, assess your options and respond appropriately to workplace concerns.
When should you seek legal advice?
Once a workplace complaint, investigation or disciplinary process has commenced, the decisions made can have lasting consequences. Seeking legal advice early can help you understand your legal position, protect your interests and respond with confidence.
If you're unsure of your rights or the options available, contact us for a confidential discussion about your circumstances.
Workplace Bullying Resource
Access Safe Work Australia's practical guide to help you understand workplace bullying, your rights and the support available.
Access Fair Work Australia's resources on Bullying in the workplace.