Unlike sexual harassment, there is no legal definition of workplace bullying. The Victorian Worksafe Bullying Code of Practice and the Western Australian Worksafe Guidelines provide examples of bullying.

• Both include the following criteria:
• Repeated conduct
• That is unreasonable in the circumstances
• Causes a risk to the health and safety of the employee
• Victimises, humiliates, undermines or threatens.

There is no requirement that the person deliberately or intentionally bully the person, however, intention may be a relevant consideration in assessing the level and severity of the conduct.

The obvious forms of bullying include physical assault or threats, initiation rites, and verbal abuse. However, the emerging issue for many employers is claims of bullying with respect to more subtle behaviour such as 'psychological harassment' including targeting certain employees for performance management or menial tasks, excluding or isolating certain employees.

The guidelines include specific reference to reasonable performance management, disciplinary action, managerial prerogative and allocation of work in compliance with systems. The guidelines even say that poor management does not necessarily constitute bullying.

As noted, there is no single law dealing with bullying. However, there is potential for claims arising from bullying to be pursued under various laws. Common claims include workers' compensation claims for psychological injuries arising from bullying and constructive dismissal claims from employees who resign their employment due to workplace bullying. Other potential claims include negligence claims, contract claims and claims under OHS, discrimination or criminal laws.