What are your options if you are bullied or harassed at work on a working holiday visa?

Bullying and harassment of working holiday makers is consistently reported as more common in farm work, hospitality, and isolated work environments, often because workers feel they cannot speak up without risking their job or their visa. None of those risks are legitimate.

What counts as workplace bullying?

Under the Fair Work Act, workplace bullying is defined as repeated unreasonable behaviour by an individual or group toward a worker that creates a risk to health and safety. The behaviour must be:

• Repeated: a single incident is not bullying under this definition (though it may be harassment or assault)
• Unreasonable: behaviour that a reasonable person would consider victimising, humiliating, threatening, or intimidating
• A risk to health and safety: causing or likely to cause psychological or physical harm

Examples include:

• Verbal abuse or aggressive shouting
• Public humiliation in front of co-workers or customers
• Isolation or exclusion from team activities
• Being given impossible deadlines or unreasonable workloads
• Spreading rumours or false allegations
• Unjustified criticism or threats

Reasonable management action carried out reasonably (genuine performance feedback, allocation of duties, lawful directions) is not bullying, even if the worker finds it unpleasant.

What counts as sexual harassment?

Sexual harassment is any unwelcome sexual conduct that a reasonable person would consider offensive, humiliating, or intimidating. It includes:

• Unwelcome touching or physical contact
• Sexual jokes, comments, or innuendo
• Showing or sending sexual images
• Repeated unwelcome requests for dates
• Comments about appearance or body
• Stalking or following

Sexual harassment can be a single incident. The "repeated" requirement that applies to bullying does not apply to sexual harassment.

What protections apply to working holiday makers?

The protections are identical to those for Australian workers:

• Anti-bullying orders through the Fair Work Commission, which can stop the behaviour and require workplace changes
• General Protections claims if you are dismissed or treated badly for raising a complaint
• Anti-discrimination claims under federal or state law, which can result in compensation and orders for change
• Sexual harassment claims under the Sex Discrimination Act, with no minimum service period

Visa status is not a relevant factor in any of these processes. An employer cannot use visa status, language barriers, or short-term employment to escape the legal obligations.

What about threats of visa cancellation?

A common pattern reported by working holiday makers is being threatened with visa cancellation if they complain about bullying, harassment, or unsafe work. These threats are not legitimate. An employer has no power over your visa status:

• The Department of Home Affairs decides visa matters, not employers
• A workplace complaint does not trigger any visa review
• Making a workplace complaint is itself protected behaviour under the Fair Work Act
• Retaliation against you for complaining is an additional breach with its own remedies

If you are being threatened with visa consequences, document the threats (emails, text messages, recorded conversations where legal in your state) and report them to Fair Work along with the underlying complaint.

How do you make a complaint?

The practical steps are:

1. Document everything in writing: dates, times, locations, what was said or done, and who else was present
2. Report internally if it is safe to do so: many employers have policies that should activate when a complaint is raised
3. Contact Fair Work or the relevant anti-discrimination body: even just for information about your options
4. Consider an anti-bullying order if the behaviour is ongoing: the Fair Work Commission can act quickly
5. Get professional support: workplace lawyers and union officials regularly handle these matters and many offer free initial consultations

If the behaviour involves physical assault, sexual assault, or stalking, also report to police. These are criminal matters separate from workplace law.

What about the financial side?

Bullying and harassment often coexist with other employer breaches: underpayment, unpaid super, missing payslips, denial of breaks. A workplace where one set of laws is being broken is statistically much more likely to be breaching others. When you raise a complaint, also check:

• Whether you have been paid correctly (see our article on employer not paying correctly)
• Whether your super contributions are up to date (see unpaid super)
• Whether your payslips are accurate and complete
• Whether the right tax has been withheld

How does our service support workers experiencing workplace mistreatment?

Our team focuses on the financial and tax consequences that often run alongside bullying and harassment cases:

• Reviewing payslips and ATO records for underpayment or unpaid super
• Lodging tax returns that capture every employer including ones you may have left in difficult circumstances
• Pursuing unpaid super through the ATO process
• Coordinating DASP if you are leaving Australia

For the bullying or harassment claim itself, the Fair Work Commission, state anti-discrimination bodies, and employment lawyers are the appropriate channels. Get in touch with our team if you need help with the financial side after leaving a workplace.