Workplace Bullying & Harassment Lawyers Sydney

Stevens & Associates are a specialist Sydney employment law firm offering free, confidential initial calls for employees and employers managing workplace bullying matters.

Stop Workplace Bullying

Get advice and representation for Fair Work Commission applications.

Understand Your Options

Identify the right pathway for bullying, discrimination, general protections or dismissal claims.

Respond To Complaints

Helping employers and HR teams investigate concerns and respond fairly and lawfully.

Get advice from our Sydney workplace bullying and harassment lawyers

Workplace bullying can affect your health, your working relationships and your ability to do your job. If you’re experiencing repeated unreasonable behaviour at work, or an allegation of bullying has been made against you or your business, it can be difficult to know what to do next.

Stevens & Associates is a Sydney employment law firm advising employees and employers on workplace bullying and related employment matters. We offer a free, confidential initial call to discuss your situation, explain the options that may be available and help you consider your next steps.

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FOR EMPLOYEES

FOR EMPLOYERS

What is workplace bullying?

Under the Fair Work Act 2009 (Cth), workplace bullying generally involves an individual or group repeatedly behaving unreasonably towards a worker, or a group of workers, in a way that creates a risk to health and safety. A single incident is not usually enough to meet this definition, although it may still be serious and warrant action.

The behaviour may come from a manager, colleague or another person at work.

Examples can include:

Repeatedly humiliating, belittling or insulting a worker.
Intimidating someone or making threats.
Deliberately excluding a worker from work-related activities or information.
Setting unreasonable work demands or repeatedly imposing impossible deadlines.
Repeatedly undermining a person’s work without a reasonable basis.
Engaging in persistent behaviour that creates a risk to someone’s psychological or physical health.

Whether conduct amounts to workplace bullying depends on the circumstances, including the nature, frequency and impact of the behaviour. Not every difficult workplace interaction is bullying under the law. Reasonable management action carried out in a reasonable manner is excluded from the Fair Work Act’s definition.

This can include legitimate performance management, giving directions or addressing workplace conduct, provided the action and the way it is carried out are reasonable. If you’re unsure whether what is happening at work meets the legal definition, getting advice can help you understand the relevant tests and the options available.

What are your rights if you're bullied at work?

There isn’t one legal pathway for every workplace bullying situation. The right approach depends on what has happened, whether you’re still employed, the type of workplace involved and what you want to achieve. Outcomes may include having the issue addressed, reinstatement or compensation in some cases.

Possible options include:

Applying for a stop bullying order

Eligible workers in a constitutionally-covered business may apply to the Fair Work Commission for a Stop Bullying Order if they believe they have been bullied at work and there is a risk the behaviour will continue, and this creates a risk to wellbeing. This application must be made while still employed, and the Commission has 14 days to begin a response. The Commission can make orders aimed at stopping further bullying, but it cannot award financial compensation through this process.

Work in the NSW public sector?

The Fair Work Commission’s anti-bullying jurisdiction doesn’t cover every worker. Some NSW state government departments, public sector agencies and local government workplaces may fall outside it, although other options may still be available. Stevens & Associates does not act in NSW public sector bullying matters. If this applies to you, your union or a lawyer who practises in this area may be able to help.

Making a general protections claim

If you have been treated adversely because you exercised a workplace right, a general protection claim may be relevant. For example, making a complaint or inquiry about your employment may be protected in some circumstances. Whether the law applies depends on the nature of the complaint and the reasons for the employer’s conduct.

Considering a discrimination complaint

If the behaviour is connected to a protected attribute, such as sex, disability, race or age, discrimination laws may apply. The relevant law and process depend on the circumstances.

Considering a dismissal claim

If your employment has ended, or you believe you were forced to resign, you may have options under unfair dismissal or general protections laws. Strict time limits can apply.

Reviewing other legal options

Depending on the facts, your employment contract, workplace agreement, work health and safety obligations or other laws may also be relevant.

Can I get compensation for workplace bullying?

Potentially, but compensation is not available through every legal process, and not every bullying situation gives rise to a compensation claim. A stop bullying order from the Fair Work Commission is intended to prevent further bullying. The Commission cannot order an employer or another party to pay compensation through this process.

Depending on the circumstances, other avenues that may include compensation are:

General protections: When an employee has experienced unlawful adverse action, such as being dismissed for exercising a workplace right.
Discrimination claims: When the conduct or treatment breaches applicable discrimination laws.
Dismissal claims: Where an employee may be eligible to seek a remedy for unfair dismissal or unlawful dismissal.
Workers compensation: When a worker has sustained a compensable psychological injury and meets the applicable requirements. Stevens & Associates does not act in workers compensation matters, so you may wish to seek advice from a lawyer who practises in this area.
A contractual or other legal claim: In some circumstances, a breach of an employment contract may support a claim for loss, including psychiatric injury. The legal and evidentiary requirements are specific to the circumstances.

These are different legal pathways, with different eligibility requirements, remedies and deadlines. A compensation outcome is not guaranteed, and a workplace bullying complaint does not automatically establish a right to damages.

If your mental health has been affected by what is happening at work, it may be worth seeking medical support as well as legal advice. A lawyer can help you understand which legal options may be relevant and whether further information is needed to assess them.

When bullying is also discrimination or sexual harassment

Workplace bullying can overlap with discrimination or sexual harassment, but the legal tests and available processes are not identical.

If the behaviour is connected to a protected attribute, it may raise issues under the Anti-Discrimination Act 1977 (NSW) or Commonwealth discrimination legislation. Sexual harassment is also addressed by specific laws and may involve a separate process through the Fair Work Commission or another relevant body.

The details matter. For example, repeated unreasonable conduct may be relevant to a bullying application, while discriminatory treatment or sexual harassment may require a different legal approach. More than one legal issue can arise from the same events.

Our employment law team can help you understand the distinctions and consider which options may fit your situation.

Dismissed after raising bullying? Act within 21 days.

If you’ve been dismissed after raising concerns about workplace bullying, it’s important to seek advice promptly. Unfair dismissal and general protections dismissal applications to the Fair Work Commission generally need to be lodged within 21 days after the dismissal takes effect. Different eligibility requirements apply to each type of claim, and extensions are limited.

Resigning before obtaining advice can also affect your options. In some cases, a resignation may be argued to amount to a dismissal, but this is fact-specific and should not be assumed. If you’ve been dismissed, are being pressured to resign or have been told your employment may end, contact us as soon as possible. We can discuss the circumstances and help you identify any urgent deadlines.

What should I do if I'm being bullied at work?

If you’re experiencing workplace bullying, taking a few practical steps may help you understand what has happened and preserve relevant information.

Keep a diary or journal

Note what happened, when and where it occurred, who was involved and whether anyone witnessed it. Keep the record factual. Dates and specific examples may help when assessing the conduct or preparing a complaint.

Gather any relevant documents

Save appropriate records such as emails, messages, meeting notes, performance feedback, workplace policies and your employment contract. Be mindful of confidentiality obligations and avoid taking or sharing confidential business information without advice.

Consider raising the issue internally

Depending on the circumstances, you may be able to use your employer’s grievance process, speak with HR or make a written complaint. Check the relevant policy and consider getting advice first if you are concerned about how a complaint may be handled.

Consider putting it in writing

A written complaint or inquiry about employment may be relevant to whether you have exercised a workplace right, depending on the circumstances. A dated record may also help establish what happened and when. Neither step automatically proves a legal claim, but both may be useful when assessing your options.

Contact your union representative

If you’re experiencing workplace bullying, your union may be able to explain your workplace rights, help you raise concerns with your employer and guide you through available support options.

Get support for your health

If the situation is affecting your wellbeing, consider speaking with a GP or another suitable health professional. You may also be able to access support through an employee assistance program.

Get legal advice before making major decisions

Before resigning, signing a separation agreement or committing to a particular legal process, consider getting advice about the implications and any deadlines that may apply.

Meet Your Lawyer

Nick Stevens advises on employment law matters involving workplace rights, disputes and employer obligations.

In workplace bullying matters, understanding the client’s circumstances is an important first step. The relevant legal options depend on what has happened, whether the behaviour is ongoing, the evidence available and what the client wants to achieve.

“The first thing I ask someone who has been bullied at work is whether they’ve complained to HR or a manager. The answer tells us whether their employer has investigated the concerns, and whether anything has happened to them since they spoke up, which can open up different legal options.”

Nick Stevens | Director

What to expect when you contact us

When you contact us about workplace bullying, we start by understanding what has happened and what you want to achieve. One of the first things we’ll ask is whether you’ve raised the behaviour with your employer.

Did you make a complaint?

We’ll ask whether you complained to HR, a manager or another appropriate person, and how and when you did it. A written complaint with a date can be particularly useful.

What happened next?

We’ll want to know whether your employer investigated the complaint, what steps were taken and what the outcome was.

Were you treated differently afterwards?

If you were dismissed, demoted, excluded or otherwise treated adversely after making a complaint, a general protections claim may be relevant. Strict time limits can apply.

What do you want to achieve?

Some people want the behaviour to stop so they can keep working. Others have left or want to leave. Your goals help shape which options are worth considering.

These answers help us identify which legal pathways may be relevant and whether any urgent deadlines apply.

How we can help

It may be worth seeking advice if:

You’re experiencing repeated unreasonable behaviour at work and are unsure whether it meets the legal definition of bullying.
You’ve raised a complaint but the behaviour has continued.
You’re considering applying for a stop bullying order.
You believe you’ve been treated adversely after raising concerns about your employment.
You’ve been dismissed or are considering resigning because of what’s happening at work.
You believe workplace bullying has involved discrimination or sexual harassment.
You’re an employer or HR professional responding to a complaint or managing an investigation.
You need advice about resolving a workplace dispute or negotiating an exit or settlement.

Stevens & Associates can advise on stop bullying applications, general protections and discrimination claims, dismissal matters, workplace investigations and the negotiation of employment exits and settlements.

The appropriate next step will depend on the facts of your matter. We’ll discuss your circumstances and help you understand which options may be relevant.

If you're an employer or HR professional

Workplace bullying complaints can raise challenging questions about employee wellbeing, procedural fairness, workplace safety and the proper handling of allegations. Employers need to take concerns seriously while ensuring that any response is fair, appropriate and consistent with their legal obligations.

Stevens & Associates advises employers on workplace bullying matters, including:

Responding to a bullying complaint or allegation.
Understanding relevant employment and work health and safety obligations.
Planning or responding to a workplace investigation.
Managing the process fairly for the complainant and the person responding to the allegations.
Reviewing relevant policies and procedures.
Assessing potential employment law risks and options for resolving a dispute.

Employers also need to consider psychosocial risks in the workplace. SafeWork NSW identifies bullying and other workplace interactions as potential psychosocial hazards, and NSW’s work health and safety framework sets out duties for managing risks to workers’ health and safety. The appropriate response will depend on the circumstances and the risks involved.

A complaint should be assessed on its facts rather than assumed to be substantiated or unfounded from the outset. Getting advice early can help employers and HR teams identify the relevant obligations and approach the matter carefully.

BOOK YOUR FREE INITIAL CALL

Specialist employment law firm Stevens & Associates offers a free and confidential initial call with one of our employment law solicitors, which our team will only use to assess if we are a good fit for each other.

A highly-skilled employment law team member will take you through our legal services, taking the time to understand your needs and goals and advise on how best to move forward with your matter.

Telephone

+61 (2) 9222 1691