How to stop a bully legally

What actually counts as bullying — and what doesn't

Not every difficult manager or every awkward interaction at work is "bullying" in the legal sense. But when it is, the law gives you a specific, enforceable pathway to make it stop — separate from making a complaint and simply hoping something changes.

What the law says bullying actually is

Under the Fair Work Act, workplace bullying occurs when a person, or group of people, repeatedly behaves unreasonably towards a worker, and that behaviour creates a risk to health and safety. A few things about that definition matter in practice:

• it has to be repeated — a single bad incident, on its own, usually isn't enough, though a single very serious incident may be dealt with differently;
• "unreasonable" is judged objectively — not by whether the person intended to cause harm, but by whether a reasonable person would see the behaviour as unreasonable; and
• reasonable management action, carried out reasonably — performance management, reasonable directions, or fair disciplinary process — is specifically excluded, even if it doesn't feel pleasant to be on the receiving end of it.

Your options, from least to most formal

Raise it internally first, where it's safe to do so. Most workplaces have a bullying or grievance policy. Putting your concerns in writing — even a simple email — creates a record and gives your employer a chance to act. Keep a note of dates, what was said or done, and who witnessed it.

Apply to the Fair Work Commission for a stop-bullying order. If internal steps haven't worked, or you don't feel safe raising it internally, you can apply directly to the Commission for an order to stop the bullying. Importantly, these orders are forward-looking only — the Commission can't award compensation through this process, but it can make legally binding orders directing specific behaviour to stop or change. You generally need to still be employed and at risk of continued bullying for this option to be available.

Consider whether it's also a discrimination or general protections issue. If the bullying is connected to a protected attribute — your sex, age, disability, pregnancy, race, or similar — you may have separate and sometimes stronger options under discrimination law or the general protections provisions of the Fair Work Act.

Consider your workplace health and safety rights. Employers have a legal duty to provide a safe workplace, including psychologically. Serious or ongoing bullying can be reported to the relevant work health and safety regulator, and in some cases may support a workers' compensation claim if it has caused psychological injury.

If you've already left the job

A stop-bullying order generally isn't available once you're no longer employed there, because there's no ongoing risk for it to prevent. If the bullying contributed to you resigning, that may instead be relevant to a constructive dismissal claim, a workers' compensation claim, or a discrimination complaint — the right pathway depends heavily on your specific circumstances.

This article is general information only and does not constitute legal advice. The right option for you depends on your specific circumstances — speak with one of our employment lawyers about your situation.

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