Let’s face it, no one rocks up to work expecting to cop a mouthful of abuse. Yet here’s a sobering reality that might make you spill your morning flat white: Australia and New Zealand have the highest rates of workplace harassment globally, with nearly one in two workers experiencing some form of workplace harassment in their lifetime. That’s 47.9% of Australian and New Zealand workers, compared to a global average of just 21%.
If you’re reading this because you’re dealing with verbal harassment at work, know this: you’re not alone, and you absolutely don’t have to put up with it. This comprehensive guide will walk you through everything you need to know about identifying, preventing, and responding to verbal harassment in the workplace.
What Is Verbal Harassment in the Workplace?
Verbal harassment in the workplace refers to any form of verbal behaviour intended to harm an employee’s psychological well-being. This isn’t about someone having one bad day and snapping at you. It’s a pattern of behaviour designed to degrade, humiliate, or undermine the victim.
According to Safe Work Australia’s 2024 report, there’s been a 56% increase in serious workers’ compensation claims for assault and exposure to workplace violence over the last five years. Even more concerning, a 2023 survey found that 87% of workers reported experiencing verbal abuse from a customer within the previous 12 months.
Types of Verbal Harassment
Verbal harassment at work manifests in various forms, each equally damaging to workplace culture and employee wellbeing:
Name-calling and derogatory language: This includes using offensive names, slurs, or labels that demean an individual’s character, appearance, or abilities. It’s designed to make someone feel small and worthless.
Insults and put-downs: These are comments that belittle a person’s work, intelligence, or contributions. They might seem like “jokes”, but they consistently undermine confidence and professional standing.
Threats and intimidation: Whether subtle hints or explicit warnings, threats create a climate of fear. This could involve threatening someone’s job security, career progression, or even physical safety.
Bullying and aggressive behaviour: This encompasses shouting, yelling, swearing, or using an assertive tone to dominate conversations and interactions. The volume and intensity are deliberately used to overwhelm and control.
Discriminatory or biased language: Comments targeting someone based on their race, gender, age, religion, sexual orientation, disability, or other protected attributes fall into this category.
Sexual Verbal Harassment
Sexual verbal harassment deserves special attention because it’s disturbingly common. One in three people has experienced sexual harassment at work in the last five years, and much of this includes verbal components.
Sexual verbal harassment in the workplace can include:
- Unwelcome sexual comments, jokes, or innuendos
- Comments about someone’s body, appearance, or clothing with sexual undertones
- Propositions for dates or sexual favours
- Sexually explicit language or stories shared in the workplace
- Questions about someone’s sex life or sexual preferences
- Spreading rumours of a sexual nature
Under Australian law, particularly the Sex Discrimination Act 1984, sexual harassment doesn’t need to be repeated to be unlawful. Even a single incident can constitute sexual harassment if it meets the legal criteria.
How to Identify Verbal Harassment: Red Flags You Shouldn’t Ignore
Recognising verbal harassment isn’t always straightforward, especially when it’s disguised as workplace banter or presented as “just feedback.” Here’s how to distinguish between tough conversations and genuine harassment.
The Pattern Test
A crucial distinction is understanding that verbal harassment is rarely a one-off incident. According to the Fair Work Commission, bullying occurs when a person or group repeatedly behaves unreasonably towards another worker, creating a risk to health and safety.
Ask yourself: Is this behaviour recurring? If you’re experiencing the same treatment multiple times from the same person or group, you’re likely dealing with harassment rather than an isolated unpleasant interaction.
The Reasonable Person Standard
Australian law uses the “reasonable person” test. Would a reasonable person, having considered all the circumstances, see this behaviour as unreasonable, victimising, humiliating, intimidating, or threatening?
This isn’t about whether you’re being “too sensitive.” It’s about whether a typical, objective observer would recognise the behaviour as inappropriate.
Impact on Your Well-being
Verbal harassment creates real, measurable damage. Research shows that stress from verbal abuse changes how our bodies react, leading to an elevated fight-or-flight response even when not needed.
Common signs you’re experiencing the impact of verbal harassment include:
- Dreading going to work or interacting with specific colleagues
- Physical symptoms like headaches, stomach problems, or difficulty sleeping
- Anxiety, depression, or other mental health impacts
- Decreased confidence in your professional abilities
- Withdrawing from workplace interactions or social situations
What Verbal Harassment Is NOT
It’s equally important to understand what doesn’t constitute harassment. Reasonable management action, carried out reasonably, is not bullying or harassment. This includes:
- Constructive feedback about work performance
- Setting reasonable performance expectations
- Informing someone about underperformance
- Implementing organisational changes or restructures
- Taking disciplinary action for misconduct
The key is that these actions must be reasonable and carried out sensibly. Management that delivers threats, public humiliation, or personal attacks crosses into harassment territory.
The Legal Framework: Your Rights Under Australian Law
Understanding your legal protections is crucial when dealing with verbal harassment in the workplace. Australia’s legal framework provides robust protections through multiple pieces of legislation.
Fair Work Act 2009
The Fair Work Act 2009 provides the primary legal framework for dealing with workplace bullying in Australia. Under this Act, workers experiencing repeated unreasonable behaviour that creates a risk to health and safety can apply for an anti-bullying order from the Fair Work Commission.
The Fair Work Commission is the national workplace relations tribunal that deals with applications to stop bullying at work under the Fair Work Act. If eligible, you can apply for a stop-bullying order that requires your employer to take specific actions to address the harassment.
Work Health and Safety Laws
Every employer in Australia has a legal duty of care to provide a safe working environment, including protecting you from verbal abuse. This isn’t just good practice—it’s the law.
Work Health and Safety (WHS) legislation requires persons conducting a business or undertaking to minimise risks from hazards, including work-related harassment and workplace bullying, to the extent reasonably practicable.
Anti-Discrimination Legislation
If verbal harassment relates to discrimination based on protected attributes (such as sex, race, disability, age, or religion), additional protections apply under federal and state anti-discrimination laws.
The Sex Discrimination Act 1984, for example, includes a “positive duty” requiring organisations to eliminate sexual harassment and discrimination as far as possible from their workplaces.
Workers’ Compensation
The frequency rates of workers’ compensation claims for harassment and bullying made by female employees were more than twice those of allegations made by males over the three-year period from 2016-17 to 2018-19.
If you’ve suffered psychological trauma as a direct consequence of workplace harassment, you may be eligible for workers’ compensation. This can cover medical expenses and lost income while you recover.
How to Prevent Verbal Harassment: Creating a Respectful Workplace
Prevention is infinitely better than responding after the damage is done. Both employers and employees play crucial roles in creating workplaces free from verbal harassment.
Employer Responsibilities
Employers aren’t only morally obligated to prevent verbal harassment, but they are also legally required to do so. Here’s what employers must implement:
- Clear Policies and Procedures: Organisations need comprehensive anti-harassment policies that clearly define what constitutes verbal harassment, outline reporting mechanisms, and detail the consequences for perpetrators. While nearly 99% of employers have a formal policy on work-related sexual harassment and discrimination, more than 1 in 4 employers are not monitoring how prevalent it is.
- Regular Training and Education: Nearly nine in ten employers offer training to their workforce, but the content matters. Training programs were most likely to cover respectful workplace conduct and behaviours expected of workers and leaders, with fewer covering drivers and contributing factors of sexual harassment, bystander training, and the diverse experiences and needs of different people.
- Effective training should be conducted at induction and refreshed regularly, at least annually. It should be interactive and engaging, rather than a simple recitation of policies. Include real-world workplace scenarios and case studies, and be updated to reflect changes in the law and evolving workplace culture.
- Leadership Accountability: The Respect@Work inquiry found that leaders play a crucial role in creating safe and respectful workplaces and influencing organisational culture. Leaders must model respectful behaviour, respond swiftly to reports, and demonstrate zero tolerance for harassment.
- Risk Management Processes: More than two-thirds of employers identify workplace and industry-specific risks of sexual harassment. Organisations should adopt risk management processes similar to work health and safety approaches, identifying potential harassment hazards and implementing controls.
- Monitoring and Measurement: Where safe and practicable, employers should collect prevalence data better to understand the experiences of harassment in their workplace. This data helps identify areas requiring action and measures progress over time.
Employee Contributions to Prevention
While employers bear primary responsibility, employees can significantly contribute to harassment-free workplaces:
- Speak Up When You Witness Harassment: Bystander Intervention Is a Powerful Tool. When you witness behaviour that constitutes verbal harassment, speak up (if it is safe to do so) or report it through the proper channels. Silence enables abuse to continue.
- Communicate Boundaries Clearly: If someone’s behaviour makes you uncomfortable, communicate your boundaries assertively and professionally. Sometimes people genuinely don’t realise their impact, though ignorance doesn’t excuse inappropriate behaviour.
- Refuse to Participate: Don’t participate in or tolerate behaviour that could be harassing. This includes refraining from laughing at inappropriate jokes, avoiding the spread of workplace gossip, and not joining in when others are being demeaned or ridiculed.
- Support Colleagues: If a colleague confides in you about harassment, believe them and offer your support. Encourage them to report it and offer to accompany them if they’d like.
Building a Speak-Up Culture
Prevention ultimately depends on creating a culture where:
- People feel safe raising concerns without fear of retaliation
- Reports are taken seriously and investigated promptly
- Respect and dignity are non-negotiable values
- Diversity and inclusion are celebrated, not merely tolerated
This cultural shift doesn’t happen overnight, but consistent leadership commitment and accountability make it achievable.
How to Report Verbal Harassment at Work: Step-by-Step Guide
When verbal harassment occurs despite prevention efforts, knowing how to report it effectively is crucial. Here’s your comprehensive action plan.
Step 1: Document Everything
Before taking any formal action, create a detailed record of every incident. This documentation becomes invaluable if you decide to file a complaint or take legal action.
Your documentation should include:
- Date, time, and location of each incident
- Precisely what was said (quote verbatim if possible)
- Who was present (witnesses)
- How you responded
- How the incident made you feel
- Any physical symptoms you experienced
- Whether you reported it to anyone
Keep your notes in a safe location, preferably not on your work computer, where others may have access to them. Consider emailing them to your personal email account or storing them in a secure cloud service.
Step 2: Assess Safety
Before confronting anyone or making a report, consider whether it’s safe to do so. If you fear for your physical safety or believe confronting the harasser might escalate the situation, skip directly to Step 4 and involve management or HR.
Your safety, physical, and psychological well-being must be the priority.
Step 3: Direct Communication (If Safe and Appropriate)
Sometimes a direct but calm conversation can resolve the issue, particularly if the person genuinely doesn’t realise their behaviour is problematic.
If you choose this approach:
- Pick a private setting
- Stay calm and professional
- Use “I” statements: “I feel uncomfortable when…”
- Be specific about the behaviour you want to stop
- Set clear boundaries
- Document the conversation
However, if the harassment is severe, ongoing, or involves someone in a position of power over you, skip this step and proceed directly to formal reporting.
Step 4: Report to Your Manager or HR
Most organisations have policies and procedures for reporting harassment. Employers are legally obligated to investigate and act when harassment is reported.
When making a report:
- Request a meeting with your manager, HR representative, or designated contact person
- Bring your documentation
- Explain the situation clearly and factually
- Specify what you’d like to see happen
- Ask about the investigation process and timeline
- Request confidentiality to the extent possible
Your employer should take your complaint seriously, investigate promptly, and take appropriate action. If they don’t, you have additional avenues available.
Step 5: Escalate If Necessary
If your employer doesn’t respond appropriately, or if the harassment continues, you can escalate to external bodies:
- Fair Work Commission: You can apply for an anti-bullying order if the Fair Work Act covers you. The FWC offers free legal advice through its Workplace Advice Service if you’re eligible.
- Australian Human Rights Commission: If the harassment involves discrimination based on protected attributes, you can make a complaint to the AHRC.
- State or Territory Anti-Discrimination Bodies: Each state and territory has an anti-discrimination body responsible for investigating breaches of anti-discrimination laws.
- WorkSafe or Your State’s WHS Regulator: If the harassment creates a risk to your health and safety, you can complain to your state’s workplace health and safety regulator.
How to Deal with Verbal Harassment at Work: Practical Coping Strategies
While working towards a resolution, it is essential to have strategies in place to protect your well-being.
Immediate Responses
When confronted with verbal harassment in the moment:
- Stay calm if possible (easier said than done, but essential)
- Don’t engage or retaliate. This rarely helps and could be used against you
- Remove yourself from the situation if it is safe to do so
- Take deep breaths to manage your physiological stress response
- Reach out to a trusted colleague or support person
Seek Support
Don’t try to cope alone. Verbal harassment takes a real toll on mental health. Sources of support include:
- Employee Assistance Programs (EAP) if your workplace offers one
- Your GP, who can refer you to appropriate mental health services
- Support services like Lifeline (13 11 14) or Beyond Blue (1300 22 4636)
- Trusted friends, family, or colleagues
- Your union representative if you’re a union member
Protect Your Mental Health
Prioritise self-care during this challenging time:
- Maintain routines that support your wellbeing
- Exercise regularly, physical activity helps manage stress
- Ensure adequate sleep
- Practice mindfulness or meditation
- Set boundaries between work and personal life
- Consider counselling or therapy
Remember, experiencing verbal harassment doesn’t reflect on your worth or capabilities. The problem lies with the harasser’s behaviour, not with you.
How to Stop Verbal Harassment: Taking Legal Action
Sometimes internal resolution isn’t possible or sufficient. Understanding your legal options empowers you to take further action if needed.
Fair Work Commission Applications
If you’re covered by the Fair Work Act and still employed, you can apply for an anti-bullying order. The FWC can make orders requiring your employer to take specific actions to stop the bullying.
The process involves:
- Checking your eligibility (the FWC offers an online eligibility quiz)
- Lodging your application
- Participating in conciliation (if scheduled)
- Attending a hearing if mediation doesn’t resolve the matter
The FWC doesn’t typically award compensation through anti-bullying applications, but it can make orders to stop the behaviour.
General Protections Claims
If you’ve experienced adverse action (like dismissal, demotion, or changed duties) because you complained about harassment or due to a protected attribute, you might have general protections claim under the Fair Work Act.
These claims can result in compensation awards and other remedies, such as reinstatement.
Discrimination Complaints
If the verbal harassment involves discrimination, you can complain to the Australian Human Rights Commission or your state/territory anti-discrimination body.
These processes typically involve conciliation, and if that fails, may proceed to tribunal or court hearings. Successful complaints can result in compensation, apologies, and orders to change workplace practices.
Workers’ Compensation Claims
If you’ve developed a psychological injury as a result of workplace harassment, you may be entitled to workers’ compensation. This can cover medical expenses and lost wages.
Requirements and processes vary by state and territory, so consult your jurisdiction’s workers’ compensation authority.
Civil Claims
In severe cases, you might pursue civil claims for damages related to breaches of duty of care, assault, or other torts. These typically require legal representation.
Criminal Charges
In extreme cases involving threats, stalking, or assault, criminal charges might be appropriate. Report such incidents to the police.
How to Write a Verbal Harassment Complaint Letter
If you need to formalise your complaint in writing, follow this structure:
Essential Elements
Header Information:
- Your name and contact details
- Date
- Recipient’s name, title, and organisation
- Subject line clearly stating “Formal Complaint of Verbal Harassment”
Introduction: State clearly that you’re making a formal complaint about verbal harassment. Include your position, department, and how long you’ve worked for the organisation.
Details of the Harassment: Provide a chronological account of the harassment, including:
- Specific dates, times, and locations
- Precisely what was said or done
- Who was involved (perpetrator and any witnesses)
- How did each incident make you feel
- Any previous informal attempts to resolve the situation
Impact Statement: Describe how the harassment has affected your:
- Work performance
- Mental and physical health
- Ability to work with certain colleagues
- Overall well-being
Previous Action Taken: Document any previous reports you’ve made and the response (or lack thereof).
Requested Action: Clearly state what you want the organisation to do. This might include:
- Investigation of your complaint
- Action to stop the harassment
- Protection from retaliation
- Transfer to a different team or supervisor
- Disciplinary action against the perpetrator
Closing: Request a response within a specific timeframe (typically 14 days is reasonable). Include your signature (if hard copy) and date.
Sample Template
[Your Name]
[Your Address]
[Your Email]
[Your Phone Number]
[Date]
[Manager/HR Director Name]
[Title]
[Company Name]
[Company Address]
Subject: Formal Complaint of Verbal Harassment
Dear [Name],
I am writing to lodge a formal complaint regarding verbal harassment I have experienced in the workplace. I have been employed as [Your Position] in [Department] since [Date], and I have always endeavoured to maintain professional relationships with all colleagues.
However, over the past [timeframe], I have been subjected to repeated verbal harassment by [Perpetrator Name, Title]. The following incidents have occurred:
[Provide a detailed chronological list of incidents]
This harassment has significantly affected my well-being and work performance. I have experienced [describe impacts anxiety, stress, difficulty concentrating, etc.]. I have also sought medical attention from my GP regarding [if applicable].
I previously attempted to address this informally by [describe any informal attempts]. Unfortunately, the harassment has continued despite these efforts.
I am requesting that the company:
- Conduct a thorough investigation into these allegations
- Take immediate action to ensure the harassment stops
- Implement measures to prevent future incidents
- Protect me from any retaliation
- [Any other specific requests]
I would appreciate a response to this complaint within 14 days, outlining the steps the company will take to address this serious matter.
I have attached copies of my documentation for your review.
Thank you for your prompt attention to this matter.
Yours sincerely,
[Your Signature]
[Your Typed Name]
How to Prove Verbal Harassment
Proving verbal harassment can be challenging since it often doesn’t leave physical evidence. However, strong documentation and supporting evidence can build a compelling case.
Types of Evidence
- Your contemporaneous notes: Detailed records made at or near the time of each incident carry significant weight. Courts and tribunals recognise that memories fade, so notes made promptly are more reliable than later recollections.
- Witness statements: Colleagues who observed the harassment can provide corroborating evidence. Even witnesses who didn’t directly observe incidents but noticed changes in your behaviour or well-being can support your case.
- Email and text messages: Any written communications containing or referencing the harassment should be preserved. This includes emails, text messages, instant messages, and social media communications.
- Medical records: Documentation from your GP, psychologist, or counsellor showing you sought help for stress, anxiety, or other impacts of harassment strengthens your case.
- Patterns of behaviour: Evidence showing a pattern of harassment against multiple people or over extended periods demonstrates it’s not merely a personality conflict but systematic harassment.
- Organisational records: Previous complaints about the same person, performance reviews mentioning changed behaviour, sick leave records showing increased absences, all can support your claim.
Building Your Case
To strengthen your evidence:
- Document everything as it happens
- Save all relevant communications
- Note the names of anyone who witnessed incidents
- Keep copies of any reports you make internally
- Maintain records of how the harassment has affected you
- Preserve evidence in multiple locations
Remember, you don’t need to prove your case beyond a reasonable doubt (that’s the criminal standard). Most workplace proceedings use the balance of probabilities, which means determining whether it’s more likely than not that the harassment occurred.
Examples of Verbal Harassment at Work
Understanding concrete examples helps recognise harassment when it occurs. Here are real-world scenarios:
Example 1: The Constant Critic
Sarah’s supervisor, Mark, regularly calls her “incompetent” and “useless” in team meetings. When she makes suggestions, he responds with “That’s the dumbest thing I’ve heard all day” or “Did you even think before speaking?” This occurs weekly and has led Sarah to stop attending meetings. Her confidence has plummeted, and she’s developed anxiety about going to work.
Why it’s harassment: Repeated, unreasonable behaviour that demeans Sarah and creates a hostile environment, it’s not constructive criticism but personal attacks designed to humiliate.
Example 2: Sexual Comments
James regularly makes comments about his female colleague Lisa’s appearance, including “That dress really shows off your figure” and “You’d get more clients if you wore shorter skirts.” When Lisa asked him to stop, he laughed and said she “can’t take a compliment.”
Why it’s harassment: Sexual comments that make Lisa uncomfortable constitute sexual harassment, even though James frames them as compliments. Lisa’s discomfort is valid, and James’s intentions are irrelevant.
Example 3: Discriminatory Language
Ahmed, who wears a turban as part of his Sikh faith, regularly hears “jokes” from colleagues about terrorists and bombs. When he complained, they told him to “lighten up” and that they were “just joking around.”
Why it’s harassment: Comments targeting someone’s religion or race are discriminatory harassment. The “joke” defence doesn’t excuse offensive behaviour, especially when Ahmed has clearly expressed that it is unwelcome.
Example 4: Aggressive Behaviour
Whenever Carlos makes a mistake, his manager, Maria, yells at him in front of other staff, using language like “You’re bloody useless!” and “How did someone so stupid get this job?” She also throws files on his desk and once kicked his chair while shouting.
Why it’s harassment: Aggressive behaviour, including yelling, swearing, and physical intimidation, constitutes bullying. The physical elements (throwing things, kicking furniture) escalate the severity.
Example 5: Exclusionary Tactics
A group of colleagues regularly make disparaging comments about Rachel’s weight, calling her “fatty” and making “mooing” sounds when she walks past. They exclude her from workplace social events and talk loudly about how “some people should skip lunch.”
Why it’s harassment: Comments targeting someone’s appearance combined with deliberate exclusion create a hostile environment. This behaviour is designed to humiliate and isolate Rachel.
The Road Ahead: Creating Lasting Change
Addressing verbal harassment in Australian workplaces requires a sustained commitment from all employers, employees, regulators, and society as a whole.
The statistics are sobering. We have the highest rates of workplace harassment globally. However, statistics represent real individuals, people who are experiencing genuine harm. Behind every data point is someone’s wellbeing, career, and dignity at stake.
Change is possible, but it requires action at multiple levels:
- Organisational level: Companies must move beyond tick-box compliance to genuine cultural transformation. Policies mean nothing if leadership doesn’t model respectful behaviour and respond decisively to harassment.
- Individual level: Everyone must take responsibility for their behaviour and challenge harassment when witnessed. Bystanders who stay silent enable abuse to continue.
- Societal level: We need to challenge cultural norms that excuse or trivialise verbal harassment. “Banter,” “office culture,” and “thick skin” shouldn’t be code for tolerating abuse.
- Legal and regulatory level: Continued strengthening of protections and enforcement mechanisms holds perpetrators and negligent organisations accountable.
Conclusion
Verbal harassment in the workplace is not an inevitable part of working life, despite Australia’s concerning statistics. It’s a serious issue with real consequences for individuals’ mental health, physical well-being, and professional development.
Understanding what constitutes verbal harassment, knowing your rights, and having clear strategies for prevention and response empowers you to take effective action. Whether you’re experiencing harassment yourself, witnessing it happen to colleagues, or working to create a safer workplace culture, knowledge is your most powerful tool.
Remember these key points:
- Verbal harassment is repeated, unreasonable behaviour that creates a risk to health and safety. It’s not just someone having a bad day.
- You have robust legal protections under Australian law, including those provided by the Fair Work Act, WHS legislation, and anti-discrimination laws.
- Documentation is crucial if you need to prove that harassment occurred
- Employers have legal obligations to prevent, investigate, and respond to harassment
- Multiple reporting avenues exist, from internal HR processes to external bodies like the Fair Work Commission
- You don’t have to cope alone; support services are available
- Acting isn’t just about your situation; it can prevent others from experiencing similar harassment
Australia might currently have the highest rates of workplace harassment globally, but that doesn’t mean we have to accept it as usual. By identifying verbal harassment, working actively to prevent it, and responding decisively when it occurs, we can create workplaces characterised by respect, dignity, and psychological safety.
Your right to work in an environment free from abuse, intimidation, and fear isn’t just a nice idea; it’s a legal entitlement. Don’t settle for less.
Sources
- Safe Work Australia (2024). “Workplace and Work-related Violence and Aggression in Australia Report”
- Lloyd’s Register Foundation & ILO (2021). “World Risk Poll”
- Fair Work Ombudsman. “Bullying in the workplace”
- Australian Human Rights Commission. “Workplace Sexual Harassment”
- Workplace Gender Equality Agency (WGEA) (2024). “New WGEA results highlight areas for employer action”
- Fair Work Commission. “Anti-bullying orders”
This blog post provides general information and should not be considered legal advice. If you’re experiencing harassment, consider seeking advice from a qualified legal professional or relevant workplace relations body.
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