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Workplace Bullying

Everyone has the right to a workplace free from bullying. If it's happening to you, and you're a member, we can help.

This information is complimentary only and isn't to be relied upon – refer to source materials, authorities' webpages, or expert advice for matters that may affect your employment.

What is Workplace Bullying?

Workplace bullying is repeated, unreasonable behaviour directed at you that creates a risk to your health and safety. It can be verbal, physical, social, or psychological — and it can happen in any workplace, to anyone.

Examples include aggressive behaviour, deliberate exclusion, unreasonable work demands, teasing or humiliation, and pressuring someone to act inappropriately.

Some forms of bullying are criminal offences (violence, assault, stalking) and should be reported to police.

What Should I Do?

  1. Keep a record — Note the date, time, what happened, who was involved, and how it affected you. Do this while the details are fresh. (e.g. you might keep these in private Cloud storage / leave SMSs or voice memos to yourself when alone). 
  2. Are you a Member? Get us involved — Submit a Member Support Form through your Member Portal. Our industrial team will assess your situation and assist — whether that's raising it with your employer, escalating to the Fair Work Commission, or something else entirely.

Log in at member.redunion.com.au → find "Get Help?" → click "Member Support Form" → complete the form.

We'll be in touch within 24 business hours.

What About Discrimination?

Bullying and discrimination are different. Discrimination is when adverse action is taken because of a protected attribute (sex, race, religion, etc.). If you're not sure which applies to your situation, submit an MSF and we'll work it out with you.

Not a Member?

A common strategy when bullying may be occuring is the following steps: 

  1. Keep a private, usually written, record;

  2. Check your workplace bullying or harassment policy to confirm it's bullying;

  3. Politely and firmly describe the bullying and ask for it to stop (either directly or to a superior manager); 

  4. Take it to your manager or HR, best done in writing (take it to the next level and see if they help); 

  5. Escalate it to an appropriate authority on the appropriate form (e.g. Fair Work Commission for National System Employees, QIRC for Queensland Public Sector).  
Need more help?

If you're a member. Please complete a Member Support Form.

Not a member yet? Well Red Unions generally have a policy to not take on pre-existing issues as we must focus on current member issues. Sometimes the industrial team does allow a maximum 20-minute chat for pre-existing issues (depending on our team's capacity).

To sign-up directly via the sign-up form: 

  1. Visit the signup form relevant to your industry (Nursing / Midwifery | Allied Health | Education | Officer | Other | New Zealand);
  2. Tick "Yes" when prompted about pre-existing issues;
  3. Wait for the onboarding emails after that's received –>
  4. You can fill in an Member Support Form (be sure to tick "Yes" to the pre-existing question – our teams expect honesty on forms).

More information

Employer's common defense: Reasonable management action

Reasonable management action that's carried out in a reasonable way is not bullying. An employer or manager can:

  • make decisions about poor performance
  • take disciplinary action
  • direct and control the way work is carried out.

Management action that isn't carried out in a reasonable way may be considered bullying. If you are unsure if your matter has been dealt with reasonably, please complete a member support form through your member dashboard.

Protection from bullying in the workplace

The laws to stop bullying under the Fair Work Act only apply to certain workers in Australia. A worker includes:

  • an employee
  • a contractor or subcontractor
  • an outworker
  • an apprentice or a trainee
  • an intern
  • a student gaining work experience
  • some volunteers.

The Fair Work Commission (FWC) is the national workplace relations tribunal that deals with applications to stop bullying at work under the Fair Work Act.

To find out whether you're covered by the national anti-bullying laws, visit the FWC website.

If these rules don’t cover you, each state and territory has a local workplace health and safety body, which regulates and investigates breaches of laws about workplace health and safety, including bullying and harassment.

Safe Work Australia external-icon.png is the statutory agency leading the development of national policy to improve work health and safety and workers' compensation arrangements across Australia. 

Comcare (Commonwealth) external-icon.png works with employees and employers to minimise the impact of harm in the workplace.