Workplace Culture: When Words Become a Problem

But what happens when someone decides they have had enough? What if one team member no longer finds it funny, or never did, and finally says, “this has gone too far”? Is it bullying? Harassment? Or just a cultural misunderstanding?

At Noble Shore, we see cases like this often. And they raise a difficult, but important question: can something that is “normal” still be wrong?

Workplace Norms Are Not a Free Pass

“We all talk like that.”
“He has been here for years and never had an issue before.”
“She jokes like that too, why is it a problem now?”

But legally and ethically, workplace culture is not a fixed shield against scrutiny. The Fair Work Act 2009 defines workplace bullying as repeated unreasonable behaviour towards a worker that creates a risk to health and safety. Harassment can also breach anti-discrimination laws if it relates to race, gender, disability, religion, or other protected attributes.

Even if rough banter or swearing has been accepted in the past, it can still become workplace bullying if:

• It is directed at someone in a way that causes distress or harm
• It continues after someone expresses discomfort
• It creates a hostile or intimidating environment

As established in Roberts v VIEW Launceston Pty Ltd [2020] FWC 3865, the existence of a “banter culture” did not excuse repeated inappropriate comments when a worker raised concerns. The court found that once a concern is raised, continuing the behaviour becomes unreasonable.

Cultural Consent Is Not Forever

A major misunderstanding is that if someone participates in the culture, they have accepted it permanently. But consent to cultural norms can change. What someone tolerates or laughs off today might affect them differently tomorrow.

In Waters v Transport for NSW [2021] NSWWCC 87, a long-serving employee raised complaints about aggressive language and tone that had been part of the team’s daily interactions for years. The court acknowledged that workplace norms evolve, and previous participation does not mean the worker waived their right to complain.

This is particularly relevant in high-pressure, blue-collar or frontline environments, where swearing or coarse language is common. These workplaces are not exempt from the law. Once someone raises an issue, the employer has a duty to investigate and manage the complaint in line with WHS laws and anti-bullying frameworks.

Where the Line Is Drawn: Bullying, Harassment, or Just Culture?

The answer is rarely black and white. When a matter like this comes across Noble Shore’s desk, we look at several key indicators:

1. Was the behaviour repeated? A one-off incident might not meet the legal threshold for bullying, but it could still breach internal codes of conduct.
2. Was the behaviour unreasonable? Courts ask whether a reasonable person would see the behaviour as offensive or harmful.
3. Was there a power imbalance? Harassment often involves a real or perceived imbalance of power, even between peers.
4. Did the culture tolerate it, or enforce it? Workplace culture does not just influence behaviour—it can pressure individuals to stay silent.

The presence of an established norm is relevant, but not decisive. Once someone speaks up, the employer must assess the conduct fairly and in context, not simply dismiss the claim with “that is just how we are.”

Why Leadership Must Act Early

Allowing a culture of informal or aggressive communication to grow unchecked creates risk. Not just legal risk, but reputational and operational risk. If employees feel unsafe or unsupported, they may disengage, take stress leave, or even pursue legal action.

Employers must ensure that:

• Codes of conduct are clear about acceptable language and behaviour
• Training is regular and practical, especially for supervisors
• Complaints are taken seriously, even if the behaviour has been tolerated in the past
• Culture is monitored, not just performance

It is not about shutting down friendly banter—it is about making sure no one is harmed by it.

Is Your Workplace Culture Keeping You Safe?

At Noble Shore, we understand that workplace culture is complex. We also know that “how we talk around here” can quickly become a legal liability when left unchecked. Our experienced and licensed workplace investigators help organisations assess whether their culture is aligned with modern standards for safety, respect, and compliance. Because even in the most familiar environments, everyone has the right to feel safe and every organisation has a duty to make that happen.