Workplace bullying is something that cannot be ignored. Changing cultural norms have narrowed the lines between what was once considered banter and harassment. With as many as 15% of employees reporting experiencing bullying in the workplace, it is a serious issue that needs attention Australia-wide. In some cases, it can derail careers, impact mental health, and leave lasting scars on individuals, as well as teams.

So first, let’s take a look at how Workplace Bullying is defined under Australian law, by Safe Work Australia and the Fair Work Commission:

“Workplace Bullying is repeated and unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety.”

Breaking that down into how bullying impacts the workplace, here are the major parts of the statement to consider:

• Repeated: It’s not a one-off incident. The behaviour is persistent or has occurred more than once.
• Unreasonable: Includes actions that a reasonable person would consider victimising, humiliating, intimidating or threatening.
• Health and safety risk: The behaviour poses a risk to the physical or psychological safety of the employee.

If workplace bullying and harassment go unchecked, the cost isn’t just to the affected employee, the ripple effects are far reaching, filtering into every layer of the organisation.

In fact, workplace bullying investigations Australia-wide have become a growing area of focus as employers respond to more and more reports of such behaviour. According to a report by iHR Australia, workplace bullying investigations increased by as much as 50% in the year June 23-June 24. An astonishing statistic, but not necessarily an indication of increased bullying, perhaps more of an indication of a change in culture, where more employees are now speaking up.

But what are your responsibilities as an employer?

In Australia, employers have a legal duty of care to act when bullying occurs. How they respond matters. Choosing to incorporate a workplace bullying investigation or professional harassment investigation services is not just an option in some cases, but an essential decision. A well-handled investigation can protect staff wellbeing, as well as reinforce trust and integrity in the workplace. A mishandled one can do more harm than good.

Key Employer Responsibilities and preventative measures

• Provide a Safe Work Environment:

Employers have a legal obligation under the Work Health and Safety Act 2011 (or state and territory equivalents, such as the Work Health and Safety Act 2020 (WA) in Western Australia) to provide a safe work environment, which includes preventing and responding to bullying and/or harassment. While most employers are often familiar with broader Safety legislation, there is limited awareness that this extends to prevention of bullying, harassment and other behaviours, which are harder to measure.

• Develop, Review and Continually Improve Procedures that include Clear Anti-Bullying Policies

Organisational policies should include, at a minimum, what constitutes bullying, how to report concerns and clear investigation procedures. These policies should also outline the potential consequences for inappropriate behaviour and reinforce the organisation’s commitment to a respectful and psychologically safe workplace.

• Clearly communicate the Anti-Bullying Policy

Having written procedures is essential, but policies mean nothing if not clearly communicated in a way that all employees understand. Businesses can add real value by educating their teams about what type of behaviour is unacceptable and how to maintain a balance between fun at work, banter and bullying. Managers and leaders must be aware of the required procedures should an employee conduct investigation be necessary. Regularly promoting the policy through training, team meetings and onboarding ensures it stays front of mind and reinforces the organisation’s zero-tolerance approach.

It’s important to note here, that while workplace bullying is a serious issue facing many Australians, it’s also relevant to distinguish bullying and harassment from legitimate management practices. Not all conflict or criticism in the workplace amounts to bullying, and reasonable feedback about performance and behaviour does not amount to psychosocial safety risks. Under Fair Work bullying rules, complaints about management procedures carried out in a reasonable manner, such as performance reviews, constructive feedback or even disciplinary action, do not meet the threshold of a workplace bullying investigation.

Being proactive around procedural requirements and communication is, of course, essential, and could even lessen the incidence of workplace bullying, but employers must still be prepared for when an employee conduct investigation is required.

Here are the steps required when handling a bullying complaint:

1. Check the procedures and systematically follow the steps outlined in the grievance policy.
2. Act promptly. Ensure the employee making the complaint feels ‘heard’.
3. Commit to confidentiality.
4. Conduct a fair and impartial investigation – appoint a neutral decision maker

(this may involve appointing external, expert and professional workplace bullying and harassment investigation service partners in Australia).

1. Thoroughly document the process.
2. Remember to look out for the respondent. They deserve procedural fairness and care, just as the complainant does.
3. Take appropriate action on findings – including any recommended disciplinary action and support for the impacted employee(s). An employee assistance program may be required.
4. Follow professional advice to prevent victimisation and retaliation.

Addressing workplace bullying in Australia isn’t just about legal compliance, it’s about creating a culture where all employees feel respected, safe and supported. By staying informed, implementing clear policies and responding promptly to concerns, employers can protect both their people and their organisation. Prevention and preparation are the strongest tools in building a healthier, more resilient workplace. In the majority of cases, partnering with professional workplace bullying and harassment investigation services can help to ensure the process is fair and unbiased.