Quick Answer
To investigate a complaint of workplace bullying, plan the inquiry first, then interview the complainant, respondent and witnesses separately, gather other evidence, put the allegations to the respondent in writing, decide whether each allegation is substantiated, and take proportionate action. Keep the process confidential, make no assumptions about the outcome, and record every step. This is general information, not legal advice.
In this guide
Workplace Bullying Is a Serious Issue
Workplace bullying is a serious issue and will not be tolerated by those organisations that have a safe, inclusive, and respectful workplace culture.
If an employee, contractor or volunteer has been found to have engaged in workplace bullying, it may be treated as misconduct, and in very serious cases, workplace bullying can be considered a criminal offence.
Laws protect the rights of individuals to make sure a safe, inclusive and respectful workplace.
Behaviour that is workplace bullying will lead to potential disciplinary action being taken, up to and including termination of employment.
The cost of getting it wrong is high. Safe Work Australia’s Key Work Health and Safety Statistics Australia 2025 show that harassment and workplace bullying were the most common cause of mental stress serious claims in 2023-24, at 33.2%. Those claims kept people off work for a median of 36.8 weeks, about five times the median for all serious claims.
Workplace Bullying and The Law
Laws apply to all workplaces, regardless of their size, geography, or industry in which they operate.
They protect employees, contractors, volunteers, customers, and visitors.
For example, in Australia, there is federal legislation that includes the Work Health and Safety Act 2011 and the Fair Work Act 2009.
There are also relevant work health and safety regulators and human rights and anti-discrimination agencies in all states and territories in Australia that have laws that apply to all workplaces in those geographies.
Under section 789FD of the Fair Work Act 2009, a worker is bullied at work when a person or group repeatedly behaves unreasonably towards them and that behaviour creates a risk to health and safety. Reasonable management action carried out in a reasonable manner is not bullying. That line matters in an investigation, because many complaints involve performance management or a one-off disagreement rather than bullying. Our guide to bullying versus conflict in the workplace explains the difference.
Investigating A Complaint of Workplace Bullying in The Workplace
A complaint of workplace bullying may need to be investigated, and subject to the nature of the complaint, it might be appropriate for a formal determination to be made about what has happened and any disciplinary action.
Where an investigation occurs, you must comply with your employer’s policy and notify human resources or a senior manager.
Before Step 1: Plan the Investigation
A short plan at the start makes the rest of the process fairer and easier to explain later. Decide on these five things first.
- Who investigates. Choose someone impartial with no reporting line to either party. For serious or complex complaints, or where senior people are involved, consider an external investigator.
- The scope. Write down the specific allegations being investigated, so the inquiry stays focused.
- Interim support. Consider whether anyone needs support, or temporary changes to who they work with, while the investigation runs.
- Timeframes and updates. Set a realistic timeframe and tell the parties when they will hear from you. Delays add stress for everyone involved.
- Confidentiality and records. Agree who will know about the complaint and where records will be kept.
Step 1: Interview the Relevant Persons
As part of an investigation, all relevant persons will be identified and corresponded with, which might include interviewing or inviting a statement or written response in respect of the alleged breach.
Where Interviews Are Conducted:
- the complainant, respondent(s) and any witnesses will be interviewed separately
- records of the interviews will be documented
- requests made by a witness for the attendance of a support person at an interview will not be unreasonably refused.
Step 2: Obtain Other Facts
As part of an investigation, an employer can use reasonable means to obtain any other relevant facts.
This may involve interviewing witnesses and examining evidence such as emails, internet content, including social media sites, or camera footage.
During The Investigation Process, It Is Always Important That:
- no assumptions are made that the respondent committed the conduct complained of or alleged
- confidentiality is observed, and disclosure is minimised when dealing with complaints
- any disciplinary action taken is proportionate to the conduct committed by the person found to have breached the policy and engaged in inappropriate conduct
Step 3: Set Out the Allegations
In addition to setting out the allegations to the respondent in writing, there may also be a summary of the allegations provided at an interview.
The respondent(s) should be advised of the potential outcomes of the investigation if the allegations are substantiated.
Depending on the circumstances, including the seriousness of any allegation, the respondent, and in some cases other parties, may be directed not to attend work while the investigation is carried out. This is normally done on full pay. Standing someone down without pay is rarely permitted unless their contract, award or enterprise agreement expressly allows it.
However, it is important that you consider other policy documents or the respondent’s employment contract prior to determining whether there are any restrictions upon the standdown.
Step 4: Deal with Unsubstantiated Allegations
If an allegation is found to be unsubstantiated in that it is not workplace bullying and it is not in breach of your employer’s policy, no further action will be taken against the respondent in respect of the complaint.
In this case, the reason for the decision will be explained to the complainant and the respondent.
Step 5: Deal with Substantiated Allegations
If an allegation is substantiated, the possible outcomes could include, but are not limited to:
- requiring an apology
- counselling or training
- undertakings as to agreed forms of future behaviour
- taking disciplinary action against the respondent, including the issuance of a warning, demotion, or termination of employment.
Where the disciplinary action may be termination of employment, separate written correspondence should be issued to the respondent to advise them of the fact that the allegations have been substantiated.
The correspondence should provide written reasons for the substantiated findings.
The respondent may be invited to show cause as to why their employment should not be terminated in the circumstances.
The disciplinary outcome should be communicated in writing to the respective parties, including the complainant, noting that there may not be absolute disclosure of all matters by reason of privacy.
Step 6: Deal with False Allegations
Intentionally false allegations, or allegations that are found to be unsubstantiated because they are frivolous or vexatious should be viewed seriously.
Where found to be intentional or malicious, you may consider that disciplinary action should be taken, up to and including termination of the complainant’s employment with or without notice.
Step 7: Take Reasonable and Proportionate Actions
You must always exercise caution and common sense when dealing with incidents of workplace bullying or suspected workplace bullying.
Reasonable and proportionate actions depend upon the nature and seriousness of the conduct, which can include consequences for the complainant or the employer, including with respect to workplace productivity.
When deciding on the appropriate disciplinary action, you may consider the following:
- the size and nature of the employer’s business or operations
- the available resources and budget
- practicability and the cost of a response.
To demonstrate compliance, it is important to maintain records that demonstrate the reasonable steps you have taken to prevent and respond to workplace bullying or suspected workplace bullying in the workplace. You should always consider and implement measures that promote safety in the workplace.
What to Record at Each Step of a Workplace Bullying Investigation
Good records show the process was fair, whatever the outcome. This checklist maps to the seven steps above.
| Step | What to record |
|---|---|
| 1. Interview the relevant persons | Who was interviewed, when, who else was present, and a confirmed record of what each person said |
| 2. Obtain other facts | The evidence gathered, such as emails, messages, footage or documents, with where it came from and when |
| 3. Set out the allegations | The written allegations given to the respondent, the date, and the respondent’s response |
| 4. Unsubstantiated allegations | The finding, the reasons, and when it was explained to each party |
| 5. Substantiated allegations | The finding, the reasons, the outcome chosen and any show-cause correspondence |
| 6. False allegations | The evidence that the complaint was intentionally false, and how that decision was reached |
| 7. Reasonable and proportionate actions | The factors weighed in choosing the outcome, and any follow-up checks on the working environment |
Keeping these records in one secure place, rather than across inboxes and folders, makes them easier to produce if an outcome is challenged. An incident management system can hold the complaint, evidence and outcome together, with access limited to the people who need it.
This article is general information only and is not legal advice. Obligations vary by state and territory and by employment arrangement, so seek advice from an employment law professional for your situation.
Like To Learn More?
To find out more about the responsibilities of a supervisor and manager when it comes to preventing and responding to workplace bullying, please refer to the Sentrient Preventing and Responding to Workplace Bullying for Supervisors and Managers online course from our website.
Other Online Compliance Courses for Supervisors and Managers
The Preventing and Responding to Workplace Bullying for Supervisors and Managers training is one of a suite of six online compliance courses that deal with the duty that supervisors and managers have to represent their employer and contribute to a safe, inclusive and respectful workplace culture.
- Preventing and responding to sexual harassment for supervisors and managers
- Preventing and responding to workplace bullying for supervisors and managers
- Creating a safe and mentally healthy workplace for supervisors and managers
- Enabling diversity and workplace flexibility for supervisors and managers
- Managing performance and misconduct for supervisors and managers
- Resolving conflict and grievances for supervisors and managers
To Get a Free Demonstration of The Preventing and Responding to Workplace Bullying for Supervisors and Managers Online Course, please get in touch with Us Today.
Frequently Asked Questions
1. Who should investigate a complaint of workplace bullying?
Someone impartial who has no involvement in the matter and no reporting line to either party, usually from HR or a senior manager outside the team. For serious or complex complaints, or where senior people are involved, an external investigator is often the better choice.
2. Can the people involved bring a support person to an interview?
It is good practice to allow the complainant, respondent and witnesses to bring a support person, and requests should not be unreasonably refused. The support person is there for support, not to answer questions on the person’s behalf.
3. How do you decide whether a complaint is bullying or reasonable management action?
Test each allegation against the Fair Work Act definition. Bullying is repeated unreasonable behaviour that creates a risk to health and safety. Reasonable management action carried out in a reasonable manner, such as fair performance management, is not bullying, even if the person on the receiving end finds it uncomfortable. Ask two questions: was the action itself reasonable, and was it carried out in a reasonable way?
4. How long should a workplace bullying investigation take?
Move as quickly as a fair process allows. Set a realistic timeframe at the start based on the number of allegations and witnesses, and tell the parties if it changes. Long delays add stress and can make evidence harder to gather.
5. What records should an employer keep after a bullying investigation?
Keep the complaint, interview records, evidence, written allegations and responses, findings with reasons, and the outcome. Store them securely and limit access to the people who need them.
Sources
Safe Work Australia, Key Work Health and Safety Statistics Australia 2025
Fair Work Act 2009 (Cth), section 789FD
Last reviewed: October 2026
Read More About Workplace Bullying :
- Best Workplace Bullying and Harassment Training Courses for Australia
- How To Deal With Verbal Abuse In The Workplace?
- 6 Considerations for Supervisors and Managers When Responding to Workplace Bullying
- 7 Steps to Investigate a Complaint of Workplace Bullying
- New Compliance Course Released – Preventing and Responding to Workplace Bullying for Supervisors and Managers
- The Duty of a Supervisor and Manager to Eliminate Workplace Bullying in The Workplace
