How to Investigate a Workplace Bullying Complaint

In all workplaces, bullying, or a complaint of bullying, should be taken very seriously. In Australia, we have laws that protect the rights of individuals to safeguard safe, inclusive and respectful workplaces. If an individual has been found or accused of workplace bullying, it has the potential to be treated as misconduct. This could then lead to disciplinary action being taken against them, up to and including termination of employment. In severe cases, workplace bullying can be considered a criminal offence.

For employers, it can be overwhelming to know how to investigate a workplace bullying complaint as each case is individualised and unique. However, there is an obligation to provide safe and risk-free workplaces to foster a positive workplace culture, and all allegations should be treated with equal care. Here we outline the first steps to take when beginning a workplace investigation. 

Policy Review 

When launching a workplace investigation, it is essential to review the organisation’s current policies and if the allegation matches the definition of harassment and bullying. Depending on the severity level of the situation, the policy should outline the procedures for handling the different types of complaints. If the policy is too broadly stated, this is a good indication that a full review is needed for future-proofing this process. 

Hold Interviews 

All relevant persons involved in the complaint should be identified and communicated with directly in a safe, non-threatening manner. When interviews are conducted, ensure that all individual parties are interviewed separately, requests made for the attendance of a support person are not unreasonably refused, and all records of the interviews are documented and confidential. Any reference to particular evidence, such as emails, social media communication or camera footage, should be collated by the interviewee and included in the documentation. It is important that all parties are treated equally and that the approach is fair and impartial. 

Outline Allegations and Procedures 

Once interviews have been conducted and exact details of the allegation from all potential witnesses have been collected, begin to outline the process each party can expect to experience. If necessary, take action in removing any further threat for further harassment by removing parties from direct involvement. Each party should be clearly explained the expectations for ongoing cooperation in the investigation and the consequences of violating this. Refer to the policies in place and stated in the employee’s contract. 

Manage the Investigation 

Depending on the findings of the interview, begin to manage the possible outcomes of the allegation. If it has been found to be unsubstantiated and not in breach of company policy, no further action needs to be taken, and this decision would be explained to the complainant and the respondent. If the allegation has substantial grounds, begin to follow the appropriate disciplinary actions for the severity of the offence. These should be provided to the respective parties in writing, outlining the facts found during the investigation and justification for the disciplinary response. 

Engage with the Legal Counsel 

In severe cases, it is recommended that employers seek legal counsel to manage the investigation to safeguard themselves from potential fair work claims resulting from mismanaged terminations or incorrect procedures. This is especially true if the workplace bullying allegation involves multiple people and scenarios. Legal teams can provide unbiased reviews of documentation, and the sooner they are brought into an investigation, the more proactive they can be about the situations. 

Workplace bullying and harassment have no place in today’s world, yet it is a commonly occurring issue for many organisations. The more proactive an organisation is about investigating these allegations, the less likely these issues will interrupt valuable business time and money. The Optimum Legal team is well-versed in providing actionable advice and representation. If you are facing issues in this area, book a consultation with us today.