Think workplace harassment only happens when someone shouts or touches inappropriately? Think again. Harassment can be subtle, systemic and psychological, like constant nitpicking, exclusion or intimidation.

In this article, we explore the full legal definition of what counts as workplace harassment in Australia, real-life examples and your rights if you’ve been targeted. If your workplace feels unsafe, toxic or threatening, this guide is for you.

A Quick Overview: What Counts as Workplace Harassment in Australia?

Workplace harassment in Australia refers to repeated, unwelcome behaviour that offends, humiliates or intimidates a person. Key points include:

  • Harassment can be verbal, physical, psychological or written
  • It must be unreasonable behaviour that causes harm
  • One-off incidents may still be serious, especially if they involve threats or abuse
  • Employers have a legal duty to prevent harassment
  • Victims can seek legal remedies under employment and anti-discrimination law

Let’s examine what this means in practice.

Legal Definition of Workplace Harassment

In Australia, workplace harassment is addressed under laws, such as:

  • Fair Work Act 2009 (Cth)
  • Work Health and Safety (WHS) Acts
  • State-based Anti-Discrimination Acts

Under these frameworks, workplace harassment generally involves:

  • Repeated, unreasonable behaviour that creates a risk to health and safety.
  • Unreasonable behaviour includes acts that a reasonable person would see as victimising, humiliating, intimidating or threatening.

Common Types of Workplace Harassment

Harassment in the workplace can take many forms. Understanding the categories can help you identify if you’re experiencing it.

1. Verbal Harassment

  • Offensive jokes or slurs
  • Insults or put-downs
  • Aggressive or abusive language
  • Spreading rumours

2. Psychological Harassment

  • Repeated exclusion from meetings or activities
  • Micromanaging or excessive monitoring
  • Unreasonable work demands or deadlines
  • Undermining someone’s performance or reputation

3. Physical Harassment

  • Unwanted physical contact
  • Threats of violence
  • Damage to personal property
  • Invasion of personal space

4. Sexual Harassment

Covered separately under law but still relevant in workplace harassment cases. Includes:

  • Unwelcome sexual advances
  • Sexually suggestive comments or jokes
  • Requests for sexual favours
  • Display of explicit content

5. Online or Cyber Harassment

  • Abusive emails, messages or social media posts
  • Doxxing or sharing personal information
  • Offensive memes or digital content targeting a colleague

Examples of Workplace Harassment

Workplace harassment can take many forms, often subtle or disguised as workplace culture. Here are some behaviours that may constitute harassment:

  • A manager repeatedly humiliates an employee during team meetings
  • A group of employees isolates a colleague from social activities
  • A co-worker sends persistent, unwanted messages outside work hours
  • An employee is shouted at or publicly criticised in front of clients
  • A new staff member is given unrealistic workloads designed to make them fail

These behaviours create a hostile environment and can damage a person’s career and wellbeing.

What Doesn’t Count as Workplace Harassment?

Not every workplace conflict qualifies as harassment. Examples that may not amount to harassment include:

  • Reasonable performance management or disciplinary action
  • Constructive feedback delivered professionally
  • Personality clashes without ongoing unreasonable behaviour
  • Isolated incidents (unless they are particularly serious)

It’s important to assess the pattern, severity and impact of the behaviour to determine if it meets the threshold.

Employer Responsibilities and Legal Obligations

Under Australian law, employers must provide a safe working environment. This includes:

  • Implementing anti-harassment policies
  • Offering training on workplace behaviour
  • Taking all complaints seriously
  • Investigating reported incidents promptly
  • Taking corrective action when necessary

Employers who fail to act can be held vicariously liable for harassment committed by their staff.

What Should You Do If You’re Being Harassed at Work?

If you believe you are experiencing workplace harassment, here are the steps you can take:

1. Keep Records

  • Document incidents, dates, times, locations and any witnesses
  • Save emails, texts or messages that show inappropriate behaviour

2. Report Internally

  • Raise the issue with your manager, HR department or designated workplace contact
  • Submit a formal written complaint if verbal reporting is ineffective

3. Seek External Support

If internal resolution fails or the harassment is severe:

  • Lodge a complaint with the Fair Work Commission, AHRC or your state anti-discrimination body
  • Contact a workplace lawyer for advice on your legal rights and remedies

How the Law Can Protect You After Workplace Harassment

If you’ve experienced workplace harassment, Australian law offers several protections and potential remedies. Depending on the specifics of your case, you may be eligible for:

  • Compensation: For financial loss, emotional distress, or damage to your career.
  • Formal apologies or corrective actions: Your employer may be required to take steps to address the harm caused.
  • Injunctions: To stop ongoing or future harassment.
  • Reinstatement: If you were unfairly dismissed for speaking up or making a complaint.

Legal outcomes vary based on the severity of the conduct and the strength of the evidence provided. Seeking early legal advice can help you understand your options and pursue a fair resolution.

Why You Should Get Legal Advice

Workplace harassment cases can be complex and emotionally taxing. A lawyer can:

  • Assess whether your experience qualifies as harassment under the law
  • Help you document your case properly
  • Liaise with your employer or relevant authorities on your behalf
  • Represent you in tribunals or negotiations

Legal support gives you a clearer path toward justice and closure.

Final Thoughts

Knowing what counts as workplace harassment in Australia is the first step to protecting yourself and others in the workplace. Whether you’re facing subtle bullying or overt abuse, knowing your rights empowers you to take appropriate action.

Employers have a duty to act. Employees have the right to feel safe and respected. Don’t stay silent. Speak up and seek support.

Need Legal Help with Workplace Harassment?

At Rotstein Commercial Lawyers, we specialise in workplace harassment matters and employment law. If you’re facing harassment or have questions about your rights, our experienced legal team is here to guide you through your options with sensitivity and care.

Take the first step towards a safer workplace. Call us today on +61 3 9604 7888 or visit our Contact Us page to book a confidential consultation. You don’t have to go through this alone.