Workplace Bullying & Harassment Mediation

How the law treats bullying and harassment

Workplace bullying is a regulated legal risk with direct consequences for employers. Two important avenues exist alongside internal complaint processes:

• Stop-bullying orders. A worker can apply to the Fair Work Commission for an order to stop bullying at work. The Commission can only make such an order where there is a risk that the bullying will continue — it cannot order a payment of money. It aims to contact the parties within about two weeks and resolve most cases within around 16 weeks, often beginning with voluntary conciliation.
• Work health and safety duties. Employers have a positive duty to manage the risk of bullying and harassment. Safe Work Australia publishes national guidance on preventing and responding to these risks.

Depending on the conduct, other pathways may also apply — such as a general protections claim or a discrimination complaint, each with their own time limits. We cover those in our general protections and discrimination guide.

Where mediation helps

Many bullying and harassment complaints stem from breakdowns in communication, unclear expectations, or interpersonal conflict that has been allowed to fester. In these situations — where both people can participate safely and freely — mediation can be genuinely effective. A skilled mediator can:

• give each person a structured, safe space to be heard
• surface the underlying issues rather than just the surface conflict
• rebuild a workable professional relationship where the parties must continue working together
• produce a clear, practical agreement about future conduct and expectations

For employers, offering mediation early can resolve a complaint before it becomes a stop-bullying application or a safety-regulator matter, while demonstrating the organisation took the complaint seriously.

When mediation is NOT appropriate

This is the part that matters most, and where we will always be honest with you. Mediation depends on both people being able to take part safely and on an equal enough footing. It is often not the right first step where:

• the conduct involves violence, threats, or serious sexual harassment
• there is a serious power imbalance — for example between a senior manager and a junior worker — that cannot be safely managed
• a party feels unsafe, intimidated, or fears reprisal for speaking honestly
• the behaviour is ongoing and needs to be stopped urgently, which may call for a stop-bullying application or a report to the work health and safety regulator first
• the matter genuinely requires an independent investigation to establish what happened

Pushing two people into a room together can cause real harm when the conditions are not right. A responsible mediator will screen for these issues before proceeding and will tell you plainly if mediation is not suitable — and what to do instead.

What to do if you are being bullied or harassed

1. Prioritise your safety. If you are in immediate danger, call 000. If you are distressed, reach out to one of the support services below.
2. Use internal processes where it is safe to do so. Many workplaces have bullying and grievance policies. The Fair Work Commission encourages workers to use these first, where safe.
3. Keep records. Note dates, times, what was said or done, and any witnesses.
4. Get advice early. Different avenues have different time limits, and some depend on the risk continuing. Early advice protects your options.
5. Consider mediation once safety is assured. Where the conditions are right, mediation can resolve the situation faster and more constructively than a formal process.

This page is for general information only and does not constitute legal advice. Workplace bullying, harassment and safety matters can be serious and time-sensitive. For personalised guidance, consult a qualified legal professional, accredited mediator, or the relevant regulator.