The process to resolve workplace bullying

Many workplaces have policies and processes to prevent and respond to bullying. Where it is safe, use these to try and resolve the problem (sometimes called a ‘grievance’) before coming to the Commission. When a worker asks us for help to stop bullying at work, this is the start of a legal process.

The steps on this page set out the usual process we follow for this type of case. Some cases are different. We will tell you if we're going to follow a different process for your case.

We aim to discuss the case with everyone involved within 2 weeks of receiving the application.

We aim to resolve most cases within 16 weeks.

Infographic depicting the process for workplace bullying cases. Full details are available on the page.

Help with the process

We can give you information to help you know what usually happens at each step, and how long it might take. You can contact us if you have questions.

We can give you information about our processes, but we can't give you legal advice.

Legal help may be available for employers and employees, including free legal advice for eligible people and small businesses. You can choose to ask a lawyer or agent for help, or you can represent yourself.

1 Try to resolve the issue

2 Find out who can apply

We may be able to help eligible workers when their situation meets the definition of bullying.

Check who can apply to stop bullying
Answer some questions to check your eligibility
Find out how we help stop workplace bullying

You don’t need a lawyer to come to the Commission, but you may want to get legal advice before you apply.

Workers who want to apply to stop bullying might be eligible for free legal advice through our Workplace Advice Service.

3 Apply to the Commission

A worker may apply to us for an order to stop bullying. When they do, we tell the employer (or principal) and the people who are named as engaging in bullying behaviour. We ask them to respond within 7 days.

We will contact all parties within 2 weeks after we received the application.

If you are eligible, Apply for an order to stop workplace bullying

4 Respond to an application

We send a copy of the application to the employer (or principal) and the people who are named as engaging in bullying behaviour. We ask them to respond within 7 days.

We will contact all parties within 2 weeks after we received the application.

Employers and any person named can Respond to the application

You don’t need a lawyer to come to the Commission, but you may want to get legal advice if you are involved in a case.

Small business employers and people who are named as engaging in bullying might be eligible for free legal advice through our Workplace Advice Service.

5 Conciliation meeting

Sometimes we start with a voluntary conciliation meeting. When conciliation is successful, the parties reach agreement and the case ends. If the case does not settle, you may need to attend a conference or hearing.

We aim to finalise most cases within 16 weeks after we received the application.

Learn about Conciliation for bullying at work
Prepare for a conciliation session with an independent mediator

6 A conference or formal hearing with a Commission Member

7 Commission Member decides the outcome

After the hearing, the Commission Member will decide the outcome of the case and issue a decision or order.

We will send the decision or order to the parties. The decision includes the names of the parties and some information about the case. We publish the decision on our website. This ends the case.