1
Step 1
Bullying & Harassment
An employer has a duty of care to ensure your workplace is safe and this includes being free from bullying and harassment from co-workers or supervisors.
Employers are required by law to have in place policy and procedures to deal with workplace bullying. If you believe you are the victim of bullying in the workplace, you should refer to these policies and procedures to see what steps you can take to report the issue.
Complete in 2 minutes
Check if you're eligible for compensation
We specialise in helping people recover compensation for serious injuries. To see if your case qualifies, please complete our Confidential Free Claim Check.
What type of claim check are you looking for?
It is important to understand what you can do to minimise the negative impact and stop the bullying as soon as possible.
If your workplace does not have any policy or procedure in place to deal with workplace bullying, if you can, discuss your concerns with the human resources department or another co-worker or supervisor.
What Is Workplace Bullying?
Workplace bullying is defined by Fair Work Australia as follows –
A worker is bullied at work if –
- A person or group of people repeatedly act unreasonably towards them or a group of workers
- The behaviour creates a risk to health and safety.
Unreasonable behaviour includes victimising, humiliating, intimidating or threatening. Whether a behaviour is unreasonable can depend on whether a reasonable person might see the behaviour as unreasonable in the circumstances.
Examples of bullying include –
- Behaving aggressively
- Teasing or practical jokes
- Pressuring someone to behave inappropriately
- Excluding someone from work-related events or
- Unreasonable work demands
What Is Workplace Harassment?
Workplace harassment is a form of bullying and is any form of repeated offensive behaviour fuelled by sexual advances, racially provoked instances, or in relation to an employee’s disability. Examples of harassment provided by the Fair Work include:
- Telling insult jokes about particular racial groups
- Sending explicit or sexually suggestive emails or text messages.
- Making derogatory comments or taunts about a person’s disability.
What Should I Do If I Am Being Bullied or Harassed At Work?
You should report the bullying behaviour to your employer if you feel safe to do so.
If you are a target of workplace bullying and harassment, you should make a note of the nature and type of the bullying behaviour and if there are witnesses, make a note of the names and contact details of those witnesses.
If you are struggling to cope with the hurtful behaviour, make sure you talk to friends and relatives and seek professional help from your doctor or a psychologist. Bullying in the workplace can lead to serious injury if not acted on early.
If you are not coping and need to take some time off work, you need to consult your general practitioner and obtain a WorkCover Certificate of Capacity which certifies you unfit for work. This certificate is handed to your employer and the workers compensation insurer is notified of a claim.
You may be referred for counselling with a psychologist for treatment.
If because of workplace bullying, you are unfit for work you may need to speak to an expert worker’s compensation lawyer to understand your right to compensation.
If your employer fails in their duty of care and consequently you sustain a psychological injury, you may be able to purse a claim in negligence against your employer, this is known as a work injury damages claim.
If you need assistance with your workplace bullying and harassment claim, please do not hesitate to contact our accredited lawyers as follows;
- Complete our FREE case assessment form HERE
- Email us at
- Give us a call on (02) 8329 9500
5 Easy steps to make a
Workers Compensation Claim
From your first consultation to settlement, we guide you through every step of your claim so you know exactly what to expect.
2
Step 2
Seek medical treatment from your Doctor
3
Step 3
Ask the Doctor to provide you with a “Certificate of Capacity”
4
Step 4
Submit the complete “Certificate of Capacity” to your employer
5
Step 5
Your employer must provide the “Certificate of Capacity” to their Workers Compensation Insurer within 24 hours
Start your free
claim today
Allowing seriously injured people to secure the compensation they deserve so they can return to enjoying life.
Unsure? Give us a call
What Our ClientsAre Saying
Featured Testimonial
I cannot speak highly enough of my experience with this workers Compensation team. When I first reached out, I was completely overwhelmed and unsure about the process. I hit rock bottom - unable to return to work, struggling emotionally, and feeling like I had no direction. From the very beginning, the solicitors were nothing short of amazing. They were patient, understanding and incredibly supportive at a time when I needed it most. They took the time to explain every step in a way I could understand, never making me feel rushed or alone. Their professionalism was matched only by their compassion and that combination made all the difference. Throughout the entire journey, I felt heard, respected and genuinely cared for. They fought for me when I didn’t have the strength to fight for myself and thanks to their dedication, I was able to get the outcome I needed to rebuild my life. If you’re unsure, scared or feeling lost like I was, I can confidently say you will be in the best hands with this team. They helped me through one of the hardest chapters of my life, and I am truly grateful. I can’t thank or recommend Garling & Co Lawyers enough.
Matthew Garling and his team have provided incredible support and guidance throughout my MVA damages claim this year, and I can’t thank them enough for making this journey feel like such a breeze. When I initially engaged Garling & co, I had no understanding of what was ahead. I was anxious and unsure about the process, while also navigating the physical challenges of my injuries. With assurance that my matter was being handled with high level of expertise, professionalism and integrity, I was able to focus on recovery instead. Throughout the process, Matthew and Allison have been honest, straightforward and efficient in all communication; being a supportive buffer in all dealings with the insurer, and consistently committed to a successful outcome. The outcome was excellent, and it is with huge relief and great thanks that I can put this matter behind me. I would highly recommend the services of Garling and co for any injury claims of a similar nature, and I’m forever grateful to Matthew and his team.
A big thank you to Matthew for his expertise, dedication, and genuine care in handling my matter. The outcome exceeded my expectations, and I am truly grateful for the excellent work of his entire team. Outstanding results - highly recommended.
Why Should I Choose Garling&Co Lawyers?
At Garling&Co Lawyers, we treat our clients with respect and support through what can be difficult process. Our lawyers have extensive experience and are all Accredited Specialists in Personal Injury Law, who are dedicated to achieving the best outcomes for our clients. Here are some key reasons to choose us.
Bullying and Harassment FAQs
Workplace bullying involves repeated, unreasonable actions or behaviours towards another person, while workplace harassment involves unwelcome conduct that is based on a person’s protected characteristic.
Workplace bullying and harassment can lead to mental and physical health.
Some common forms of workplace bullying include verbal abuse, exclusion, intimidation, and undermining.
Employees who experience workplace bullying and harassment should speak up and report the behaviour to their employer or HR department. They can also seek support from friends, family, a GP or a counsellor.
Employers can prevent workplace bullying and harassment by establishing clear policies, providing regular training and education, creating a supportive culture, and encouraging reporting. It is also important for employers to take swift and appropriate action when incidents of bullying and harassment are reported.
Employees who sustain psychological injuries at work due to bullying and harassment can make a workers compensation claim. You need to consult your GP and obtain a Certificate of Capacity which sets out the injury and fitness for work, including what treatment may be required.
Find out more about Workers Compensation
Workplace Injury
Workplaces can be dangerous. Care must be taken by the employer to ensure as far as possible that their employees do not sustain workplace injuries whilst during their employment.People spend most of their day at work and under the direction or supervision of the boss and are at a risk of sustaining injury if care is not taken.
Complete our free case appraisal form to find out how we can help you with your claim.
IRO
The Independent Review Office (known as IRO) primary function is to help resolve workers compensation disputes and complaints quickly, fairly and justly, without the need for a lawyer.If you have a question, complaint or dispute with the workers compensation insurer, you should initially contact IRO for assistance. If IRO is unable to help you, funding can be obtained for legal costs to help you with the dispute with the insurer.
SIRA (State Insurance Regulatory Authority)
SIRA – SIRA (State Insurance Regulatory Authority) is the body involved with regulating workers compensation, CTP insurance as a result of a motor accident, workers and home building insurance.
Workcover Claims
Since September 1 2015, WorkCover functions have been assumed by three new organisations:SafeWork NSW – NSW’s primary regulator for workplace health and safety.
SIRA – SIRA (State Insurance Regulatory Authority) is the body involved with regulating CTP insurance as a result of a motor accident, workers compensation and home building insurance.
icare – icare (Insurance and Care NSW) offers insurance and care services in NSW.
Weekly Payments
If you have sustained an injury during your employment and are unfit for work or fit for suitable work only then you are entitled to obtain weekly payments of compensation from your employer’s workers compensation insurer.
Permanent Impairment
If you are injured during your employment and your injuries are permanent, you may be entitled to make a lump sum permanent impairment claim.A lump sum permanent impairment claim is separate to your weekly payments claim. If you are successful in your claim for lump sum compensation you will still be able to receive weekly payments of compensation and medical expenses.
Medical Expenses
If you have had an injury at work, in accordance with section 60 of the Workers Compensation Act 1987, the worker’s compensation insurer is required to pay all “reasonably necessary” medical expenses.
Work Injury Damages
All employers owe their employees a duty to take reasonable care to protect them against any foreseeable injury that may arise during the course of their employment.NSW also has occupational health and safety laws in place that require employers to take proactive steps to identify foreseeable risks, and to implement necessary measures to prevent injury from occurring in the workplace.
Read the latest news in Workers Compensation
Worker's Compensation
16 July 2015
Workplace bullying – the targets perspective
Worker's Compensation
29 April 2026
min read
The Impact of Workplace Bullying and Harassment and How to Address It
What is Workplace Bullying and Harassment? Workplace bullying refers to repeated, unreasonable actions or behaviours by one or more persons towards
Worker's Compensation
29 April 2026
min read