Understanding the difference between workplace bullying vs harassment in Australia is essential for every employee and employer. While these terms are often used interchangeably, Australian law treats them very differently. Knowing the difference helps with procedural fairness and supports stronger employee rights in workplace bullying or harassment matters.
According to Australian guidance, bullying usually involves repeated unreasonable behaviour, while harassment may occur even once if it relates to a protected characteristic like gender, race, age or disability. Both can seriously impact mental health and psychological safety, so taking them seriously is important.
Bullying vs Harassment: How They Differ Under Australian Law
1. Workplace Bullying
Bullying occurs when someone repeatedly behaves unreasonably towards a worker, creating a risk to their health and safety.
Examples include:
- Constant criticism or insults
- Excluding someone from team activities
- Spreading rumours, sarcasm
- Setting someone up for failure through unrealistic workloads
- Unreasonable work scrutiny, nitpicking
The Fair Work Commission bullying framework allows workers to apply for an order to stop bullying if the behaviour is ongoing and likely to continue.
2. Workplace Harassment
Harassment is offensive, intimidating or humiliating behaviour linked to protected attributes such as:
- Gender
- Race
- Sexual orientation
- Disability
- Age
Harassment doesn’t have to be repetitive, it can occur even once if it targets who a person is, creating a hostile or uncomfortable environment for them
Why the Difference Matters
- Although often used interchangeably, bullying and harassment are different and are not interchangeable.
- Different laws apply to bullying and harassment in Australia
- Reporting processes and recourse for employees may not be the same. For example, age, gender or racial harassment could be escalated to the Australian Human Rights Commission, whereas bullying definitions are managed under the Fair Work Act through which employees may apply for a ‘Stop Bullying Order’.
- Employees can accurately describe what they’re experiencing
- Employers respond with the correct procedures, and assist the investigator understand what they are experiencing.
- If proven, the disciplinary action taken may be different.
How Employers Can Prevent Bullying and Harassment
Preventing these behaviours is part of every employer’s responsibility under Australian workplace law.
1. Clear and Accessible Policies
Employers should clearly define bullying, harassment and discrimination in workplace policies, making sure reporting pathways are simple and confidential.
2. Encourage Open Communication
When employees feel safe speaking up early, issues can be resolved before they escalate.
3. Regular Training
Managers and staff should be trained to recognise, prevent and address inappropriate behaviour.
4. Respectful Leadership
Leaders who model professionalism and respect help reduce harmful behaviours across the organisation.
5. Prompt Action on Complaints
Delays can increase harm, affect wellbeing and create legal risks.
Employers need to investigate concerns fairly and promptly.
6. Promoting Psychological Safety
Creating a workplace where people can ask questions, voice concerns and share ideas without fear builds trust and reduces the likelihood of bullying or harassment taking root.
Conclusion
The difference between workplace bullying vs harassment in Australia is more than just wording — it determines legal obligations, reporting pathways and organisational responsibilities.
- Bullying involves repeated unreasonable behaviour.
- Harassment can happen once if it targets a protected attribute.
By understanding this and acting early, employers can strengthen psychological safety, reduce disputes and create healthier, more productive workplaces.
FAQs
1. What is the legal definition of bullying in Australia?
Bullying is repeated unreasonable behaviour that creates a risk to health and safety. The Fair Work Commission bullying jurisdiction allows workers to apply for a ‘Stop Bullying” order to stop the behaviour.
2. How is harassment different from bullying?
Harassment often involves one serious incident linked to protected characteristics such as gender, race or disability.
3. Can a single incident count as harassment?
Yes. If it targets a protected attribute, one incident may be enough to meet the legal definition of harassment.
4. What are the employer’s responsibilities?
Employers must follow bullying and harassment laws in Australia, provide a safe workplace, investigate concerns promptly, and prevent further harm.
5. Why is knowing the difference important?
It helps employees understand their rights and ensures employers apply the correct processes.
6. What examples show the difference?
- Bullying: repeated put-downs or exclusion
- Harassment: one racist or sexist comment
7. What proactive steps can employers take?
Clear policies, training, open communication, early intervention and strong leadership.
