Responding to a workplace bullying complaint
Bullying complaints engage both Fair Work Act Part 6-4B stop-bullying jurisdiction and the employer's WHS duty to provide a safe workplace. A prompt, proportionate response is essential to both defend any FWC application and minimise psychological injury risk.
This is an 8-step workflow for advising an Australian employer on responding to a workplace bullying complaint, covering Fair Work Act stop-bullying orders and WHS duties.
Before you start
- Complaint particulars obtained
- Relevant workplace policies identified
- WHS incident reporting triggered where needed
- Initial safety assessment of the complainant conducted
The workflow
Triage the complaint
Triage the complaint to identify the nature of the allegations, the parties involved, and any immediate safety concerns. Document the initial response taken.
Assess immediate risks
Assess psychological and physical safety risks. Consider temporary separation, working-from-home arrangements, or leave to manage risk while the investigation is running.
Choose investigation pathway
Choose between an informal resolution, internal investigation, or external investigator. Factor in severity, power dynamics, and any conflict of interest.
Notify parties and maintain confidentiality
Notify both parties of the process, their rights, the expected timeframe, and confidentiality expectations. Offer EAP support.
Conduct the investigation
Conduct interviews, gather documentary evidence, and apply the Briginshaw standard to fact-finding. Provide natural justice to the respondent.
Assess against the bullying definition
Assess whether the conduct falls within the s 789FD definition — repeated unreasonable behaviour creating a risk to health and safety — and whether reasonable management action is a complete answer.
Decide outcome and remediation
Decide the outcome — findings, recommendations, and any disciplinary action. Communicate outcomes appropriately and implement remediation measures.
Respond to any FWC application
If the complainant files a stop-bullying application in the FWC, prepare the Form F73 response and supporting material relying on the investigation record.
What you will have at the end
A documented investigation and response that addresses WHS obligations, supports the employer's position if an FWC application is made, and implements appropriate remediation.
Common issues
- Failing to provide natural justice to the respondent
- Investigations that take too long and increase psychological risk
- Conflating reasonable management action with bullying
- Not documenting WHS risk mitigation steps
- Overly broad confidentiality directions that chill witnesses
Run this workflow on a real matter
Quillio drafts investigation plans, interview outlines, and findings against the s 789FD framework. See /practice-areas/employment-lawyers or start a free trial.
This workflow is a general guide. Adapt the investigation pathway to the nature of the allegations and the internal policy framework.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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