Are You Entitled To Workplace Bullying Compensation In NSW?

Bullying in the workforce affects everyone, from interns to high management. To help those who have been victimised at their place of work, we have put together a guide which outlines the actions that those can take for the appropriate compensation. Call one of our no win, no fee lawyers in Sydney and Newcastle for more information.

It should go unsaid that everyone has the right to feel safe and secure at their place of work, no matter the environment. Unfortunately, there still exists prejudice and bullying which is common and often overlooked at workplaces throughout NSW.

Workplace Bullying In NSW

There are a number of ways bullying can infiltrate the workplace

Workplace bullying constitutes the following:

• When an employee or employer acts disrespectfully towards other workers. This behaviour includes acting in a way that is perceived as unreasonable or aggressive to those who are not provoking this kind of interaction.


• When the disrespectful behaviour of an employee or employer continues to repeat over a period of time. A single instance is not enough evidence to prove workplace bullying.


• When these employer’s or employees behaviour creates a feeling of vulnerability or poses a risk to the other workers health and safety.

What Are Some Examples Of Workplace Bullying in NSW?

What constitutes as workplace bullying?

Bullying in the workplace happens in many different ways, whether it be digitally or face to face interactions which lead to victims feeling unsafe. Examples of workplace bullying include, but are not limited to:

• Creating or spreading gossip about a fellow worker.
• Being aggressive in any way or intimidating a fellow worker.
• Purposely withholding information from another worker which prevents them to perform their tasks.
• Playing practical jokes in the workplace or taunting or hazing any fellow workers.
• Asking a worker to work beyond their means.
• Not including fellow workers in work events.

Workplace Situations That Are Not Considered Bullying In NSW

There are uncomfortable situations that are not considered grounds for a bullying compensation claim

While these events may not be the most pleasing, they are not considered workplace bullying and cannot be grounds for seeking compensation:

• Sexual Harassment or Discrimination:
  These are unlawful acts and are not covered by workplace bullying as they are a much more serious offence. These events are covered by anti-discrimination laws as well as equal employment and human rights laws that are in place to protect people while they work. If you are the victim or sexual harassment or discrimination at work you should report it immediately.
• Reasonable Management Decisions
  Whatever actions management take, as long as it is carried out in a lawful manner, it’s not considered workplace bullying. Examples of this include any negative feedback, criticisms or disciplinary actions taken based on valid reasons.
• Conflicts in the Workplace
  Conflict is natural in any environment and there will always be disagreements between people, especially in the workplace. Unless the disagreements are continually escalating and creating a tense environment, with the risk on others health and safety, general conflicts aren’t considered a workplace bullying issue.