Discrimination Bullying And Harassment In The Workplace

Discrimination, bullying and harassment in the workplace get used interchangeably, but they are three different things in law and the difference decides how you respond.

Discrimination is unfavourable treatment because of a protected attribute. A single decision can be enough. It sits with the anti-discrimination Acts and the Australian Human Rights Commission.

Harassment is unwelcome conduct. Where it targets a protected attribute it is captured by the same Acts, and a single serious incident can be enough.

Bullying is repeated unreasonable behaviour creating a risk to health and safety. The reason may have nothing to do with who the person is. It runs through the Fair Work Commission and work health and safety duties, and repetition generally matters.

Getting the category right determines which law applies, whether the positive duty is engaged and what a fair outcome looks like. The Fair Work Ombudsman covers the bullying and general protections side. This is general information rather than legal advice.

See Sentrient’s workplace bullying course, sexual harassment course and equal employment opportunity course.