Respond to a bullying claim

When a worker applies to us for an order to stop bullying, we will send you a copy of their application if you:

• are a ‘person named’ in the application as having engaged in bullying behaviour
• an employer (or principal) named in the application
• a lawyer or paid agent involved in the case.

We will also ask you to tell us your side of the story.

If we send you a copy of the application, it means:

• a worker believes someone bullied them at work
• the worker has applied for an order to stop the bullying
• the Commission hasn't decided the case yet.

You must respond to the application within 7 days.

Use Form F73 - Respond to a bullying application as an employer or principal.

It is important that you try to respond quickly to the issues raised. As an employer, you have a duty to provide a safe place of work under Work Health and Safety (WHS) laws.

The following organisations may be able to help you with information on bullying at work:

• employer associations
• chambers of commerce
• peak industry bodies
• your state or territory Department of Business
• your state or territory health and safety authority.
• our Workplace Advice Service – free legal help for eligible employers.

If you want to respond to the application, you must do so within 7 days.

Use Form F74 - Respond to a bullying application as a 'person named'.

If you need support, consider contacting:

• your supervisor or manager
• your human resources department
• health and safety representative
• union representative
• your employer's Employee Assistance Program
• Lifeline on 13 11 14 any time you need immediate emotional support.

You might also be eligible for free legal assistance through the Commission's Workplace Advice Service.

If you don't think the worker has been bullied at work, you should tell us in your response. This might be because:

• the behaviour in the application does not meet the legal definition of bullying at work
• the worker is not covered by the national workplace bullying laws
• the action you took was reasonable management action, carried out in a reasonable manner
• the application is frivolous or vexatious
• the application has no reasonable chance (prospect) of success.

Even if you challenge the application, you need to respond. We need the details so the Commission can work out whether to uphold your objection.

Every case is different. When we receive your response we consider it and decide the next steps.

This can include:

• trying to solve the issue using conciliation
• attending a conference or hearing.

We will let you know what to do next.