Speak to a Consultant Free Call | Mon - Fri | 9am - 5pm
1800 001 212

What is workplace bullying?

Last week at our fortnightly meeting, my supervisor started commenting and reprimanding me on my work in front of all other staff members. It was humiliating. Can she do this? Isn’t it bullying?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 16-11-2015
1 Lawyer Answered
View more Q&A on:
  1. Disciplinary Hearings
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Neha Sharma, Hillsdale 2036 NSW

  • Section 789FD of the Fair Work Act 2009 states that bullying at work occurs when:
  • a person or a group of people repetitively behave unfairly towards a worker or a group of workers at work; and
  • the behaviour creates a risk to health and safety.
  • For example the following types of behaviour may constitute bullying if they satisfy the above two conditions:
  • belittling or humiliating comments;
  • spreading rumours;
  • teasing;
  • aggressive conduct;
  • peer pressure;
  • displaying offensive material; or
  • unreasonable work expectations.
  • Reasonable management action carried out in a reasonable manner does not constitute bullying. For example the following may constitute reasonable management action:
  • disciplinary action for misconduct;
  • informing a worker about unsatisfactory work performance or inappropriate work behaviour; or
  • performance management.
  • You may need to seek expert legal advice to determine whether you have experienced workplace bullying or whether your supervisor took reasonable management action against you. 

Forum Posts

Disclaimer