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Taking action against bullying

Information about the steps you can take if you are being bullied at work.

Keep a record

If you are being bullied at work, you should keep a record of any incidents. You should keep detailed notes that include the date, time, place, names of people involved and witnesses to each incident.

You should also keep a copy of any emails, Teams messages, grievances, reports or other communications, including about any meetings to address the bullying.

You will need this information if you want to make a complaint to an outside body, such as SafeWork NSW or the Fair Work Commission.

Get legal advice

Before you take action to address bullying in the workplace, you should get legal advice about what options you have to address your situation. In most cases, you will only be able to make one type of claim. The best type of action to take will likely depend on your circumstances.

You can get legal advice from Legal Aid NSW Respect at Work Legal Service.

Deal with it internally

Generally, you should first try to deal with bullying internally within your workplace, if it is safe to do so. This may mean:

  • talking to the person (or people) directly responsible for the bullying
  • speaking with your employer or manager
  • speak to a Work Health Safety Officer
  • reporting your matter to your union (if you are a member)
  • following the formal grievance procedure in your workplace
  • making a formal complaint in writing about the behaviour.

Unless you are a NSW public servant, you have a right to make a complaint under the Fair Work Act . You should try to communicate in writing. You should have a look at your workplace policies for the process you need to follow.

If you have a meeting, you should keep written records from all meetings that you attend about what was said, when, where and who was involved. You could also ask to have someone with you for support and as a witness.

If your situation does not improve, there may be agencies outside your workplace to help you. Where you can go will depend on the bullying behaviour.

If you make a complaint and you are being treated worse because you made the complaint, you should consider any workplace policies or processes to deal with the issue, such as complaining to the Human Resources Team, if your workplace has one.

You may not want to speak to anyone at work if:

  • you don’t feel supported by your employer or manager
  • your employer or manager is responsible for the bullying
  • your workplace may not have appropriate procedures to deal with bullying.

If this is the case, you can apply to the Fair Work Commission without speaking to anyone at your workplace first.

You should get legal advice about taking further action, for example, making a general protections dispute application to the Fair Work Commission.

Apply to the Fair Work Commission

If you have been bullied at your workplace and believe you will continue to be bullied, you may be able to apply to the Fair Work Commission for an order to stop bullying.

The purpose of an order is to prevent future bullying.

For more information, see Apply for an order to stop bullying.

Complain to SafeWork NSW

SafeWork NSW is responsible for ensuring that employers meet their duties under Work Health and Safety laws and regulations.

SafeWork NSW can investigate whether your employer has breached their duties and prosecute them for serious breaches of Work Health and Safety laws.

There is no time limit to report workplace bullying to SafeWork NSW. However, there may be time limits for investigations and criminal prosecutions to take place.

You can report bullying by:

For more information, see Workplace bullying on the SafeWork NSW website.

Complain about discrimination

If you are being bullied on the basis of your background or personal characteristics, you may be able to make a complaint about discrimination. 

You may be able to complaint to:

  • Anti-Discrimination New South Wales, or 
  • the Australian Human Rights Commission (AHRC).

AHRC deals with complaints about harassment and/or discrimination covered by federal discrimination laws. 

Anti-Discrimination New South Wales deals with complaints about discrimination under NSW law.

Which organisation you should complain to will depend on your individual circumstances.

You can’t complain to both organisations at the same time.

For more information, see Discrimination at work.

Speak to the police

Any bullying or harassment involving physical violence, indecent assault, stalking, intimidation or threats of violence, may be a criminal offence.

If you have immediate concerns for your safety, you should call triple zero (000).

You can also visit your nearest police station to report a crime. To find your nearest police station, see Police Station Search on the NSW Police Force website.

If you need extra support, you could ask to speak to the:

  • Domestic Violence Liaison Officer
  • Aboriginal Community Liaison Officer
  • Multicultural Community Liaison Officer
  • Gay and Lesbian Liaison Officer
  • Youth Liaison Officer.

You can also:

The police may charge your bully or apply for an Apprehended Violence Order (AVO) to protect you from further bullying or harassment.

If the police won’t apply for an AVO, you may be able to make a private application. For more information, see Getting an AVO.

Speak to your GP or counsellor

Bullying or harassment at work can be very stressful and upsetting. If you have been bullied at work, you may be ill, or experiencing anxiety or another psychological injury because of bullying or harassment.

You can speak to your GP about your health and get a medical certificate. Your GP may be able to offer you treatment or refer you to a psychologist.

You should check whether your employer provides free access to a counselling service.

You could use any sick leave or other leave entitlements you have accrued to allow you time to recover. You may need to follow your workplace’s usual process of notice and evidence, for example, providing a medical certificate if you take time off work.

For more information, see Leave.

You can also speak to:

  • Lifeline on 13 11 14 – 24-hour counselling service providing emotional support in times of crisis
  • Mental Health Line on 1800 011 511 – 24-hour support service across NSW that can connect you with a mental health professional
  • Headspace on (02) 9114 4100 – a national youth mental health foundation that helps young people between 12 and 25 who are going through a tough time.

Apply for workers compensation

If you have suffered a physical or psychological injury at work because of bullying, you may be able to make a claim for workers compensation.

Workers compensation provides support for workers and covers the employees':

  • wages while they are unable to work
  • medical expenses, treatment and rehabilitation costs.

You should lodge a claim as soon as possible and no later than six months from the date of your injury or illness.

For more information, see Workers compensation.

Make an insurance claim

If you have an income protection policy and you haven’t been well enough to work because of bullying, you may also be able to lodge a claim under your insurance policy.

Income protection insurance pays part of your lost income if you can’t work because of a temporary illness or injury.

If you haven’t purchased an income protection policy, you should check whether you have a policy through your superannuation fund. Most superannuation funds offer income protection insurance to their members.

For more information, see Income protection insurance on the moneysmart website.