Is your boss just blunt – or are they crossing a legal line? In an era of low job security and high performance pressure, more employees are finding themselves in hostile work environments, unsure if what they are experiencing is tough love or unlawful workplace bullying.
"Bullying does not always look like shouting or swearing," says Lyndon Burke, founding partner at Burke Mangan Lawyers, specialising in employment law. "It can be exclusion from meetings, withholding information needed to do your job or being micromanaged to the point of humiliation. It's about repeated behaviour that causes harm – not just one bad day."
"Micromanaging, exclusion and humiliation – these are not just bad habits. Repeated, they could be grounds for legal action," says Burke.
Workplace bullying is often hidden in plain sight and far more common than formal complaints suggest. Safe Work Australia's 2023 data on psychosocial hazards found that bullying, harassment and other interpersonal conflict remain major drivers of psychological harm, with bullying cited in around 33% of serious mental health compensation claims.
"By the time people come to us, they are often burnt out, traumatised or have already resigned," says Burke. "That's why early identification is key – it gives employees a better chance of protecting their rights before the damage is done, and gives employers the opportunity to address problems before they escalate into claims."
Five Signs It's More Than Just Tough Management
According to Burke, there are five telltale signs that workplace behaviour may be tipping into unlawful territory:
- Repetition: "One-off incidents might be bad manners. Repeated actions – targeting the same person – suggest something deeper."
- Isolation tactics: "Being left out of meetings, team events or decisions you'd normally be part of."
- Undermining work: "Constantly being second-guessed or having your tasks unfairly criticised or reassigned. It also includes overloading with work or removing work and giving it to other employees without explanation."
- Psychological harm: "Anxiety, sleep issues and dread around work are often key indicators that something is wrong."
- Power imbalance: "Bullying often hides behind hierarchy – but that doesn't mean it's legal."
The Legal Fallout – and What to Do
If left unchecked, workplace bullying can lead to serious consequences – for both businesses and individuals. "We are seeing more cases progress to stop bullying orders, General Protections or Fair Work claims, especially where psychological harm is involved," Burke notes. "These cases do not just cost money – they can damage reputations, disrupt teams and trigger staff turnover."
So, what should you do if you suspect you are being bullied? Burke recommends:
- Document everything: "Start a dated record. Save emails, note times and record what was said or done."
- Understand the power dynamics: "If the behaviour comes from someone senior or someone you rely on for work, the legal threshold may be easier to establish."
- Know your rights: "You are protected under the Fair Work Act, you may be entitled to seek stop bullying orders, bring a general protections claim or make a complaint about an unsafe workplace."
- Raise concerns – if safe: "Raise the concern with HR, CEO or the board. Review the workplace policies to understand your rights. If the complaint is not dealt with in the workplace (or at all) or if there is a serious and imminent risk, lodge a stop bullying application. It can also be a matter to raise with Safe Work Australia. If the issue involves HR or senior staff, seek outside legal guidance first."
- Act early. "The earlier you act, the more options you will have and the less damage it may do to your health or career."
For employers, Burke offers a clear warning: "Tough cultures do not build resilience – they build risk. Prevention starts with training, clarity around what bullying is and swift, impartial responses to complaints. Employers must address psychosocial hazards or they will be subject to serious penalties."
He adds; "Do not ignore the 'vibes' just because there's no formal complaint. Employers are under a positive obligation to identify and eliminate risks to health and safety. If someone is avoiding meetings, falling behind or seems emotionally withdrawn, check in. The earlier you intervene, the more chance you have to resolve it before it becomes a legal or cultural issue."
Not sure if what you're experiencing is workplace bullying? Burke Mangan Lawyers has created a free Workplace Bullying and Harassment Guide to help employees recognise unlawful treatment, understand their legal rights and take action.
About us:
Burke Mangan Lawyers is a trusted Australian law firm specialising in all aspects of employment and family law. With a commitment to clear guidance and strong representation, Burke Mangan Lawyers supports clients through every stage of their legal journey.
About Lyndon Burke
Lyndon Burke is a specialist in employment law and a founding partner of Burke Mangan Lawyers. With over 25 years of experience, he advises employees and businesses on all aspects of workplace law, with a focus on fair treatment and early resolution.
