Welcome to Ebra Partners
Workplace Bullying and Harassment Lawyers
Workplace bullying and harassment are serious matters with real legal remedies. Whether you are an employee experiencing unlawful conduct or an employer seeking to meet your duty of care, Ebra Partners can help.
What Constitutes Workplace Bullying?
Under Australia's Fair Work Act 2009, workplace bullying occurs when an individual or group repeatedly behaves unreasonably towards a worker in a way that creates a risk to their health and safety. Unreasonable behaviour can include verbal abuse, exclusion from workplace activities, malicious rumours, humiliating conduct, aggressive behaviour, and discrimination based on protected attributes.
Protected attributes under Victorian and federal law include age, disability, gender, sexual orientation, marital status, political opinion, and family responsibilities. Harassment on any of these grounds may also give rise to discrimination claims before the Victorian Equal Opportunity and Human Rights Commission or the Australian Human Rights Commission.
A single incident, while serious, generally does not meet the definition of bullying — but may still constitute harassment, discrimination, or misconduct warranting separate legal action.
What to Do If You Are Being Bullied or Harassed
Document every incident
If you are experiencing workplace bullying and harassment, start recording events straight away. That record can make a real difference if you later seek legal advice, lodge a workplace bullying claim, or need legal representation in a formal process. Where possible, keep the following notes and records on a personal device.
Keep notes of:
- A description
- The date and time
- Persons involved
- Names of any witnesses
Items to save:
- Emails
- Messages
- Screenshots
- Diary Notes
Report formally
Where it is safe to do so, raise the issue with your supervisor, manager, health and safety representative, safety representative, union representative, or the person responsible under the bullying policy. If the behaviour continues, a workplace bullying lawyer can help discuss the next step and prepare a clear complaint to your employer or the relevant body. The Fair Work Commission says workers should use workplace processes first where possible, and can apply for an order to stop bullying if the behaviour continues.
Seek legal advice early
Strict time limits apply — unfair dismissal and general protections claims must be lodged within 21 days of dismissal. Early advice protects your options.
Support for Employers
Employers have a positive duty to prevent workplace bullying and harassment. Failing to act on a complaint can expose your business to significant liability. Ebra Partners assists businesses with:
- Workplace policy compliance reviews
- Code of conduct development
- Independent harassment investigations
- Fair Work Commission representation
- Training and culture improvement programs
Prevention, Management, and Response
The legal burden on Australian employers has shifted from a reactive approach to a mandatory positive duty to prevent workplace harassment before it occurs. At Ebra Partners, we assist in developing comprehensive prevention plans and risk management frameworks that identify high-risk areas, such as isolated work environments or power imbalances, and implement practical controls.
If a complaint does arise, a prompt and procedurally fair response is critical to mitigating legal and reputational risk. Our team provides expert guidance on conducting workplace investigations that stand up to the scrutiny of the Fair Work Commission. We assist employers in managing the delicate balance of confidentiality, supporting all parties involved, and making evidence-based findings. Whether it involves drafting formal warnings, facilitating mediation, or advising on lawful termination for serious misconduct, our focus is on resolving disputes efficiently while protecting your business from costly adverse action or unfair dismissal claims.
Speak with an Employment Lawyer Today
Early intervention is critical. Contact Ebra Partners to discuss your situation confidentially.
Employment Harassment FAQs
What does a workplace harassment lawyer do?
An employment discrimination lawyer provides specialised professional advice to both sides of the employment relationship. For employees, they help you understand your workplace rights, assess your workplace discrimination claim, and work out the strongest path forward. For an employer, they assist with compliance, risk mitigation, and defending the business against unlawful discrimination allegations.Our expert employment lawyers assist with sexual harassment, unfair dismissal, general protections, and other serious employment issues. We can review your employment contract, gather necessary evidence, negotiate on your behalf, and provide strong representation if your matter proceeds to the Fair Work Commission.
When should I contact an employment lawyer about harassment?
Employees should seek advice as soon as they experience repeated, unreasonable behaviour. Employers should reach out the moment a complaint is lodged or a potential risk is identified. Early intervention helps prevent legal escalation, ensures procedural fairness, and protects the health and safety of all staff.
What is considered workplace bullying in Australia?
Under the Fair Work Act 2009, workplace bullying occurs when a person or group repeatedly behaves unreasonably towards a worker, creating a risk to health and safety. It is important to note that reasonable management action, such as providing constructive feedback or managing performance in a fair way, does not constitute bullying.
What should I do if I am experiencing workplace harassment?
Start by keeping a factual record of what happened, including dates, times, witnesses, and any emails or messages. If it is safe to do so, report the conduct to your manager, employer, HR, union representative, or health and safety representative. You should also seek legal advice quickly if the harassment, bullying, or discrimination continues.
Can I make a workplace bullying claim or workers' compensation claim?
Yes, depending on the facts. A workplace bullying claim may be made through the Fair Work Commission in some cases, and if you have suffered psychological injury or physical harm, you may also have grounds for a workers’ compensation claim. The right option will vary depending on your employment, the type of conduct, and the harm caused.
How are sexual harassment and discrimination claims handled?
These matters can be complex and may involve the Fair Work Commission, the Australian Human Rights Commission, or WorkSafe Victoria. Lawyers help employees seek remedies and help employers ensure they have taken all reasonable steps to prevent such conduct, which is essential to avoiding vicarious liability for the business.
What is an employer's positive duty regarding harassment?
Since late 2022, Australian law requires employers to take proactive, meaningful action to prevent sexual harassment and discrimination from occurring. This means you cannot simply wait for a complaint to act; you must actively manage risks through policy, training, and culture. We help businesses audit their current practices to meet this legal standard.
Can a lawyer help with sexual harassment and discrimination at work?
Yes, harassment lawyers can assist with claims involving sexual harassment, discrimination, bullying or harassment, and adverse action. They can explain whether the conduct may breach the Fair Work Act, anti-discrimination laws, or other workplace law protections, and help you seek the right remedy.