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BULLYING at workplace is getting more prevalent. A 2024 study by the Malaysian Institute of Human Resource Management (MIHRM) found that more than 31pc of employees have experienced or witnessed bullying at work (visit MIHRM at:https://www.mihrm.com/). 

Workplace bullying is defined as the repetitive and systematic engagement of interpersonally abusive behaviors that negatively affect both the targeted individual and the work organization (Askew DA, Schluter PJ, Dick ML. 

Workplace bullying—What’s it got to do with general practice? Aust Fam Physician. 2013; 42:186–188). Bullying, harassment and intimidation are often used interchangeably in the context of workplace bullying.

Workplace bullying commonly involves verbal abuse (scolding, name calling, using vulgarities, gossiping etc.), physical intimidation and emotional manipulation like isolating the victim or making the victim feel incompetent.

 At times, there is fine line between workplace bullying and discrimination, as the bullying can be due to cultural, religious, background and racial differences (for discrimination, redress is available under section 18A , Sabah Labour Ordinance).

Employers have both contractual and statutory duties to protect employees from harmful conduct which includes workplace bullying. Employers have an implied duty not to act in a way that destroys mutual trust and confidence and to provide a safe workplace. 

Under section 15 of the Occupational Safety and Health Act 1994 (“OSHA 1994”), it is the duty of every employer to ensure, so far as is practicable, the safety, health, and welfare of all employees which includes psychological well- being.

According to the Bar Council (body which regulates lawyers in Malaysia), these are some of the negative impact of workplace bullying (rephrased from Resolution to Recognise Workplace Bullying as a Form of Misconduct adopted by The Bar Council on 77th AGM held on 18 March 2023):

Decreased productivity: Workplace bullying can lead to decreased productivity as employees who are bullied may experience stress, anxiety, and other negative emotions that can interfere with their ability to perform their job duties effectively; 

Increased absenteeism: Employees who are bullied may choose to take time off work to avoid the abuse, leading to increased absenteeism and reduced productivity; 

Higher turnover rates: Workplace bullying can also lead to higher turnover rates, as employees who are bullied may choose to leave the law firm rather than continue to endure the abuse. This can be costly for employers, as it can result in the loss of valuable talent and the need to recruit and train new employees;

Negative impact on organizational culture: Workplace bullying can create a toxic organizational culture, where bullying is normalized and accepted. This can make it more difficult to attract and retain top talent and can even damage the law firm’s reputation; 

Legal implications: Employers who fail to take action to prevent or address workplace bullying can be held liable for damages. Employers can be sued by employees for constructive dismissal at the Industrial Court or sued in civil court for being vicariously liable for the actions of the perpetrator employee.

This can result in costly legal fees and settlements; and Legal and reputational risks: employers that fail to address workplace bullying can face legal and reputational risks, which can harm their ability to attract and retain customers and talen.

Industrial court on workplace bullying

Unlike sexual harassment which is defined in Sabah Labour Ordinance (ordinance), bullying is not defined in the ordinance. 

Nevertheless, the Industrial Court has recognised bullying as a form of employment misconduct which can lead to the sacking of the perpetrator or the victim claiming constructive dismissal (To understand constructive dismissal refer to Dismissal in disguise: When quitting means getting fired! at https://www.dailyexpress.com.my/read/6293/dismissal-in-disguise-when-quitting-means-getting-fired-/ ). 

In Prabakharan Balakrishnan V. Entegris Malaysia Sdn Bhd [2022] 2 ILR 325 the Industrial Court (IC) commented on workplace bulleting and harassment:

“Workplace harassment cannot be tolerated in a workplace environment. Whatever shortcoming the complainant or victim may have had, it was not open to the aggressor to act in a manner that is humiliating or degrading to the complainant or victim.”

While in Harry Wong Wei Chen v. Petroliam Nasional Berhad (Petronas) [2021] 1 ILR 340 (Award No. 3 of 2021) the IC has this to say:

“As it stands, the words “Fuck you” were used and be it whatever context it may have been used in, it was no place for the claimant to have used such a crude, vulgar and abusive language especially on a woman, ie. COW1.

In fact, the claimant himself agreed during cross-examination that the usage of the words “Fuck you” constitutes a workplace harassment.

The usage of crude, vulgar and abusive language as a form of workplace bullying seems to become more rampant at workplaces and should not be tolerated one bit. Some of these domineering workmen/employer feels that such behaviour is a form of asserting their authority or power over their subordinates.

The only way to arrest this ‘disease’ would be for the victims to voice out to the higher management/authority. The days of resorting to crude and abusive language towards subordinates or colleagues in a working environment in order to assert power or authority has to stop.”

Some acts which may be considered as workplace bullying or harassment:

Verbal abuse and use of vulgar word

(see above cases Harry Wong Wei Chen [2021] 1 ILR 340 and Nagasteel Equipment Sdn Bhd [2006] ILRU 0885; [2006] 2 LNS 0885). In Nagasteel Equipment Sdn Bhd v. Syed Md Nasser Syed Ahmad [2006] ILRU 0885; [2006] 2 LNS 0885, the perpetrator, a superior had used words like “bahlul” and “kepala otak” on a subordinate which led to her resigning. 

Spreading rumour or gossips (Afnizahanim Mohammad Saad v Kemaman Bitumen Company Sdn Bhd [2019] 4 ILR 503)

Creating a toxic work environment Persistent fault finding and scolding Cyber bullying and stalking.

This case was mentioned above, here the perpetrator stalked the victims Facebook account, taking her late mother’s photo, using it as his WhatsApp profile photo (Prabakharan Balakrishnan V. Entegris Malaysia Sdn Bhd [2022] 2 ILR 325)

Bullies are criminals! A new weapon against workplace bullying 

The Penal Code (Amendment) Act 2025 and the Criminal Procedure Code (Amendment) Act 2025 have officially come into effect on July 11, 2025. This marks a major development in Malaysia’s legal stance against bullying especially in the workplace context. It criminalises bullying.

Section 507B: Causing Harassment, Alarm, or Distress: This section criminalises the use of threatening, abusive, or insulting words or behavior with the intent to cause harassment, alarm, or distress.

This provision directly addresses verbal abuse and intimidation which are common bully tactics. The penalty is imprisonment for up to three years, a fine, or both.

Section 507C: Harassment: Makes it an offence to engage in a conduct that amounts to harassment of another person. This would be relevant to repetitive and persistent nature of bullying.

A conviction can lead to imprisonment for up to a year, a fine, or both. Even if bully did not intend to do harm, they can be liable if their words or actions are likely to make the victim feel distressed or alarmed. 

Section 507D: Causing a person to believe that harm will be caused. If an employee perpetrator makes another employee believe they or someone they care about, will be harmed, or provoking them to harm themselves. This includes online provocation or threats. The penalty is up to one year’s imprisonment, a fine, or both.

If the victim attempted suicide or died by suicide, the punishment may extend to 10 years’ imprisonment, a fine, or both. Section 507E: Doxxing. This provision making it a crime to share or publish someone’s private information online which is very crucial in the current age of social media use such as Facebook or X, where workplace disputes often spill online.

Section 507F: Criminalises the sharing of personal information to make someone believe they will be harmed, or to help others attack or harass the person. It includes group targeting and viral attacks. The penalty is imprisonment up to one year in prison.

Section 507G Defines key terms such as “harm,” “identity information,” and “related person” to ensure clarity in enforcing and understanding these offences.

Foster a Respectful Workplace Culture:

This should be the first step. Employers should promote inclusivity, respectful and open communication. There should be policies against unacceptable behaviors especially on workplace bullying or any form of harassment.

Emphasise that workplace bullying or any form of harassment will not be tolerated and will be treated as misconduct which might lead to sacking.

Training and Awareness: Tackling workplace bullying requires team effort. Employers and work mates should be proactive to reach out to the victim and not wait for the complaint. Employees and management should be well equipped with the skills to identify, prevent, and respond to bullying. Employers should empower employee bystanders to stop workplace bullying.

Establish Confidential Reporting Platform:

Have a robust grievance procedure which includes dealing with workplace bullying. Provide secure and anonymous ways for any employees (or even third parties) to report incidents such as hotlines or direct HR contacts. Such complaints must be investigated promptly.

Support Victims: Offer counselling follow-up support for the affected employee. In some cases, the employee might need medical assistance (psychiatrist). Consider offering flexible work or work from home arrangements for the employee to recover.

Key Take Away: Workplace bullying has an adverse effect on both the employee and the employer. Tackling workplace bullying needs a collective and proactive effort by everyone at work.