Bullying And Harassment

Workplace Bullying and Sexual Harassment – Current Risk Landscape

Workplace bullying and sexual harassment remain significant governance, legal and reputational risks for Australian organisations.

Recent national data confirms the scale of the issue.

Current Australian Workplace Data

The Australian Human Rights Commission’s most recent national survey findings confirm that:

• Approximately one in three Australian workers (33%) have experienced workplace sexual harassment in the previous five years.
• Women remain disproportionately affected.
• Many incidents are recurring and frequently go unreported.

Shorter-term data indicates that around one in five workers report workplace sexual harassment within a 12-month period, highlighting that the issue remains current and ongoing.

Workplace bullying continues to contribute significantly to psychological injury claims, which are among the fastest-growing categories of workers’ compensation claims in Australia. These claims often involve longer recovery periods and higher costs than physical injuries.

Legal and Governance Developments

The regulatory landscape has strengthened.

Australian employers now carry a positive duty to take reasonable and proportionate steps to eliminate sexual harassment, discrimination and victimisation – not merely respond after incidents occur.

Additionally:

• The Fair Work Commission can issue orders to stop sexual harassment.
• Mishandled investigations may result in unfair dismissal claims, tribunal scrutiny or judicial review.
• Failure to manage workplace conduct appropriately may attract reputational damage and regulatory attention.

Workplace conduct is no longer simply an HR issue – it is a governance obligation.

The Modern Workplace Context

The definition of “workplace” has expanded.

It now includes:

• Remote and hybrid work environments
• Digital communication platforms
• Company-sponsored events
• After-hours work-related functions

Harassment and bullying may occur in person or through email, messaging platforms and social media. Policies and investigative processes must reflect this broader environment.

Community standards have also evolved. Conduct once dismissed as “banter,” hazing or informal induction practices may now constitute unlawful behaviour.

Risk to Organisations

Unaddressed workplace bullying or harassment can result in:

• Psychological injury claims
• Increased absenteeism and turnover
• Decreased productivity
• Adverse tribunal findings
• Reputational damage
• Leadership credibility risk

Poorly managed investigations can compound the harm – even where misconduct has occurred.

How ACCA Supports Organisations

Anti-Corruption Consultants Australia provides independent, structured workplace investigation services across Australia, including:

• Sexual harassment investigations
• Workplace bullying investigations
• Code of Conduct breach investigations
• Procedural fairness guidance
• Reports suitable for tribunal or regulatory scrutiny

Key Takeaway

• Bullying and sexual harassment remain prevalent in Australian workplaces.
• Legal standards have strengthened.
• Governance expectations are higher.

Independent, procedurally sound investigation is essential to protect your organisation, your workforce and your reputation.