Is your boss just blunt, or are they crossing a legal line?

Many employees often shrug off their boss’s tough management comments that sting a little, but one employment lawyer has warned that sometimes these behaviours cross the line into workplace bullying.

In today’s climate of shrinking job security and mounting performance pressures, many employees find themselves caught in toxic workplace dynamics – often uncertain whether their boss’s tough management style is simply abrasive or crosses the line into unlawful behaviour.

Lyndon Burke, founding partner at Burke Mangan Lawyers, said that what some brush off as “part of the job” could in fact cross the line into workplace bullying.

“Bullying does not always look like shouting or swearing,” he said.

“It can be exclusion from meetings, withholding information needed to do your job, or being micromanaged to the point of humiliation. It’s about repeated behaviour that causes harm – not just one bad day.”

These actions go beyond poor leadership. When sustained over time, Burke explained, they can open the door to serious legal consequences.

“Micromanaging, exclusion, and humiliation – these are not just bad habits. Repeated, they could be grounds for legal action,” he said.

Despite its prevalence, workplace bullying often goes unnoticed or unreported.

According to Safe Work Australia’s 2023 data on psychosocial hazards, bullying and interpersonal conflict are among the leading causes of psychological injury in the workplace, with bullying cited in around 33 per cent of serious mental health compensation claims.

Because workplace bullying often goes unnoticed, Burke explained that by the time employees come forward, they are frequently already burnt out, traumatised, or have even resigned.

“By the time people come to us, they are often burnt out, traumatised or have already resigned,” he said.

“That’s why early identification is key – it gives employees a better chance of protecting their rights before the damage is done, and gives employers the opportunity to address problems before they escalate into claims.”

5 clear signs it’s beyond tough management

To help employees confidently distinguish between tough management and workplace bullying, Burke has identified five key red flags that indicate when behaviour may have crossed into unlawful territory:

1. Repetition: “One-off incidents might be bad manners. Repeated actions – targeting the same person – suggest something deeper,” he said.

2. Isolation tactics: “Being left out of meetings, team events or decisions you’d normally be part of.”

3. Undermining work: “Constantly being second-guessed or having your tasks unfairly criticised or reassigned. It also includes overloading with work or removing work and giving it to other employees without explanation.”

4. Psychological harm: “Anxiety, sleep issues and dread around work are often key indicators that something is wrong.”

5. Power imbalance: “Bullying often hides behind hierarchy – but that doesn’t mean it’s legal.”

What to do if it’s happening to you

Although many remain silent about workplace bullying, Burke warned that ignoring it can lead to serious personal and professional consequences.

“We are seeing more cases progress to stop-bullying orders, General Protections or Fair Work claims, especially where psychological harm is involved,” Burke said.

“These cases do not just cost money – they can damage reputations, disrupt teams and trigger staff turnover.”

So what can employees do if they suspect bullying? Burke shared:

• Document everything: “Start a dated record. Save emails, note times and record what was said or done,” he said.

• Understand the power dynamics: “If the behaviour comes from someone senior or someone you rely on for work, the legal threshold may be easier to establish.”

• Know your rights: “You are protected under the Fair Work Act, you may be entitled to seek stop-bullying orders, bring a general protections claim or make a complaint about an unsafe workplace.”

• Raise concerns – if safe: “Raise the concern with HR, CEO or the board. Review the workplace policies to understand your rights. If the complaint is not dealt with in the workplace (or at all) or if there is a serious and imminent risk, lodge a stop-bullying application. It can also be a matter to raise with Safe Work Australia. If the issue involves HR or senior staff, seek outside legal guidance first.”

• Act early. “The earlier you act, the more options you will have and the less damage it may do to your health or career.”

For employers, Burke emphasised that the risks of ignoring bullying behaviour are growing – and urgent change is needed before situations reach a breaking point.

“Tough cultures do not build resilience – they build risk. Prevention starts with training, clarity around what bullying is and swift, impartial responses to complaints. Employers must address psychosocial hazards or they will be subject to serious penalties,” he said.

“Do not ignore the ‘vibes’ just because there’s no formal complaint. Employers are under a positive obligation to identify and eliminate risks to health and safety. If someone is avoiding meetings, falling behind or seems emotionally withdrawn, check in. The earlier you intervene, the more chances you have to resolve it before it becomes a legal or cultural issue.”