About Workplace Bulling
Learn more about bullying at work in WA.
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- Our Process
- About Bullying
- Taking Action
FreePhone case assessment
Let’s talk about your situation confidentially. We will need to discuss your circumstances in detail to understand what has happened so far to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our employment lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience.
Sound legal advice & pathway forward
Armed with confidence in your lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with workplace bullying experience.
Meet with lawyers who have represented clients with strata cases previously.
- Past Cases
- Good Results
- Happy Clients
Workplace Bullying
Occupational Safety and Health Act (1984) (WA)
“The Occupational Safety and Health Act (1984) (WA) (‘the OSH act’) regulates the safety and health across workplaces in Western Australia. The OSH act defines a hazard in relation to a person as: “anything that may result in, the injury to the person, or harm to the health of the person””
More information
Under the OSH act and Occupational Safety and Health Regulations (1996) places duties upon employers to adhere to the following:
Not expose workers to hazards, provide a safe workplace, investigate hazards or injuries which have been reported and notifying WorkSafe of any reportable injuries.
For the purposes of the act, Workplace bullying should be treated as a workplace hazard due to its potential impact on mental and physical health. It should be noted that there is not a specific definition of bullying contained under the OSH act.
It is the duty of the employer under the OSH act to ensure adequate systems are in place to prevent or stop bullying.
Dealing with bullying may involve other legislation such as the Fair Work Act 2009 (Cth). Federal legislation which establishes framework and procedure to target bullying in the workplace, through the creation of a Fair Work Commission, which may hear applications for an order to stop bullying
Am i being bullied?
Under section 789FD of the Fair Work Act (2009) (Cth), bullying occurs: “When a person or group of people repeatedly behave unreasonably towards a worker or group of workers at work, and the behaviour creates a risk to health and safety”.
The following may be considered examples of bullying behaviour: Aggressive or intimidating conduct, belittling or humiliating comments, spreading malicious rumours, teasing and practical jokes, exclusion from work-related events, unreasonable work expectations (e.g. work above or below a worker’s skill level), displaying offensive material, pressure to behave in an inappropriate manner.
For the purposes of this definition, the following would not constitute bullying: Performance management processes, disciplinary action for misconduct, maintaining reasonable workplace standards, directing a worker to perform duties in accordance with their position, informing a worker about inappropriate behaviour
In order for the provisions of the Fair Work Act to apply, the bullying must have occurred in a “constitutionally-covered business”. The following employers do not meet this definition: Sole traders and partnerships, State Government Departments, Corporations whose main activity is not trading or financial, in addition to members of the Defence Force.
In contrast under the OSH regulations, the meaning of ‘employee’ and ‘workplace’ are widely construed and not limited to certain workplaces. Unlike the Fair Work Act, the OSH act has wider application, as it applies to sole-traders, partnerships and the Crown acting through its departments and statutory agencies.
Discrimination is different from bullying as it occurs when an ‘adverse action’ such as firing someone occurs based on a person’s characteristics such as race, religion or sex for example.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with workplace bullying experience.
Meet with lawyers who have represented clients with strata cases previously.
- Past Cases
- Good Results
- Happy Clients
Possible outcomes
- A WorkSafe Inspector may issue verbal advice and/or issue an improvement or prohibition notice, in response to an investigation carried out.
- The Fair Work Commission may schedule a mediation session, if appropriate in order to help resolve the matter.
- If the matter is not suitable for mediation, the Commission will schedule a hearing, where a decision will be made to issue an order to stop bullying.
- Where an order is made by a Commission Member, anyone bound by the order must comply. Courts may impose penalties on parties who fail to comply with the order.
- The Fair Work Commission does not have the authority to issue fines or penalties and cannot award financial compensation.
Check company policy
First check to see if your workplace has an anti-bullying policy in place. It is highly likely that this policy included in your employment agreement. At this stage is also a good idea to document any alleged incidences such as screenshots of social media, SMS or email.
Talk to the bully
The next step would be to talk with the person who is displaying bullying behaviour, if you feel comfortable. You may also want a work colleague to sit in the meeting. In some instances it may not be appropriate to confront the bully.
Speak with your supervisor or manager
Speak with your supervisor or manager, if this is not the person bullying you. The most appropriate point of contact will be your Human Resources Department or Health & Safety Officer who is in charge of workplace health and safety policies. You should then lodge a written complaint to your employer.
Fair work commission
Under the Fair Work Act, a worker may apply to the Fair Work Commission for an order to stop bullying at work from continuing. An applicant must fill out a Form F72- Application for an order to stop bullying. Whilst there is no time limit on making an application, the worker must still be exposed to bullying by the same individual or group, for the Commission to make an order.
WorkSafe WA
Another option is to lodge a complaint with WorkSafe WA, where an inspector will determine whether all parties have met their obligations under the act. During the investigation process the inspector’s role is not to become directly involved in the specific details of the allegation or mediate between the parties.
WorkSafe will simply be seeking to determine whether a bullying prevention policy is in place and whether there is a system in place to respond adequately. They will also be assessing whether management have sufficient training to respond to conflicts effectively.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with workplace bullying experience.
Meet with lawyers who have represented clients with strata cases previously.
- Past Cases
- Good Results
- Happy Clients
Our Process
FreePhone case assessment
Let’s talk about your situation confidentially. We will need to discuss your circumstances in detail to understand what has happened so far to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our employment lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience.
Sound legal advice & pathway forward
Armed with confidence in your lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with workplace bullying experience.
Meet with lawyers who have represented clients with strata cases previously.
- Past Cases
- Good Results
- Happy Clients
About Bullying
Workplace Bullying
Occupational Safety and Health Act (1984) (WA)
“The Occupational Safety and Health Act (1984) (WA) (‘the OSH act’) regulates the safety and health across workplaces in Western Australia. The OSH act defines a hazard in relation to a person as: “anything that may result in, the injury to the person, or harm to the health of the person””
More information
Under the OSH act and Occupational Safety and Health Regulations (1996) places duties upon employers to adhere to the following:
Not expose workers to hazards, provide a safe workplace, investigate hazards or injuries which have been reported and notifying WorkSafe of any reportable injuries.
For the purposes of the act, Workplace bullying should be treated as a workplace hazard due to its potential impact on mental and physical health. It should be noted that there is not a specific definition of bullying contained under the OSH act.
It is the duty of the employer under the OSH act to ensure adequate systems are in place to prevent or stop bullying.
Dealing with bullying may involve other legislation such as the Fair Work Act 2009 (Cth). Federal legislation which establishes framework and procedure to target bullying in the workplace, through the creation of a Fair Work Commission, which may hear applications for an order to stop bullying
Am i being bullied?
Under section 789FD of the Fair Work Act (2009) (Cth), bullying occurs: “When a person or group of people repeatedly behave unreasonably towards a worker or group of workers at work, and the behaviour creates a risk to health and safety”.
The following may be considered examples of bullying behaviour: Aggressive or intimidating conduct, belittling or humiliating comments, spreading malicious rumours, teasing and practical jokes, exclusion from work-related events, unreasonable work expectations (e.g. work above or below a worker’s skill level), displaying offensive material, pressure to behave in an inappropriate manner.
For the purposes of this definition, the following would not constitute bullying: Performance management processes, disciplinary action for misconduct, maintaining reasonable workplace standards, directing a worker to perform duties in accordance with their position, informing a worker about inappropriate behaviour
In order for the provisions of the Fair Work Act to apply, the bullying must have occurred in a “constitutionally-covered business”. The following employers do not meet this definition: Sole traders and partnerships, State Government Departments, Corporations whose main activity is not trading or financial, in addition to members of the Defence Force.
In contrast under the OSH regulations, the meaning of ‘employee’ and ‘workplace’ are widely construed and not limited to certain workplaces. Unlike the Fair Work Act, the OSH act has wider application, as it applies to sole-traders, partnerships and the Crown acting through its departments and statutory agencies.
Discrimination is different from bullying as it occurs when an ‘adverse action’ such as firing someone occurs based on a person’s characteristics such as race, religion or sex for example.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with workplace bullying experience.
Meet with lawyers who have represented clients with strata cases previously.
- Past Cases
- Good Results
- Happy Clients
Taking Action
Possible outcomes
- A WorkSafe Inspector may issue verbal advice and/or issue an improvement or prohibition notice, in response to an investigation carried out.
- The Fair Work Commission may schedule a mediation session, if appropriate in order to help resolve the matter.
- If the matter is not suitable for mediation, the Commission will schedule a hearing, where a decision will be made to issue an order to stop bullying.
- Where an order is made by a Commission Member, anyone bound by the order must comply. Courts may impose penalties on parties who fail to comply with the order.
- The Fair Work Commission does not have the authority to issue fines or penalties and cannot award financial compensation.
Check company policy
First check to see if your workplace has an anti-bullying policy in place. It is highly likely that this policy included in your employment agreement. At this stage is also a good idea to document any alleged incidences such as screenshots of social media, SMS or email.
Talk to the bully
The next step would be to talk with the person who is displaying bullying behaviour, if you feel comfortable. You may also want a work colleague to sit in the meeting. In some instances it may not be appropriate to confront the bully.
Speak with your supervisor or manager
Speak with your supervisor or manager, if this is not the person bullying you. The most appropriate point of contact will be your Human Resources Department or Health & Safety Officer who is in charge of workplace health and safety policies. You should then lodge a written complaint to your employer.
Fair work commission
Under the Fair Work Act, a worker may apply to the Fair Work Commission for an order to stop bullying at work from continuing. An applicant must fill out a Form F72- Application for an order to stop bullying. Whilst there is no time limit on making an application, the worker must still be exposed to bullying by the same individual or group, for the Commission to make an order.
WorkSafe WA
Another option is to lodge a complaint with WorkSafe WA, where an inspector will determine whether all parties have met their obligations under the act. During the investigation process the inspector’s role is not to become directly involved in the specific details of the allegation or mediate between the parties.
WorkSafe will simply be seeking to determine whether a bullying prevention policy is in place and whether there is a system in place to respond adequately. They will also be assessing whether management have sufficient training to respond to conflicts effectively.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with workplace bullying experience.
Meet with lawyers who have represented clients with strata cases previously.
- Past Cases
- Good Results
- Happy Clients
