Receiving a bullying complaint from a worker can be confronting, but your response in the following hours and days is critical. Under Australian work health and safety (WHS) laws, how you handle the complaint is just as important as preventing bullying in the first place. A poor response can expose your organisation to regulatory action, workers' compensation claims, and applications to the Fair Work Commission.

This article outlines the key steps PCBUs should take when a bullying complaint is received, with a focus on psychosocial hazard obligations under SafeWork and Comcare frameworks.

Understanding Bullying as a Psychosocial Hazard

Under the Work Health and Safety Act 2011, bullying is classified as a psychosocial hazard. It is defined as repeated and unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety. The behaviour must be both repeated (more than once, though not necessarily identical conduct) and unreasonable (behaviour a reasonable person would consider unreasonable in the circumstances).

Examples include abusive or offensive language, intimidation, humiliating comments, deliberately withholding information, setting unreasonable deadlines, and social exclusion. A single incident of unreasonable behaviour does not meet the legal definition of bullying, but should not be ignored as it may escalate or form part of a pattern.

Reasonable management action carried out in a reasonable manner is not bullying. Managers can allocate work, provide performance feedback, and implement disciplinary processes without triggering bullying concerns, provided these actions are lawful, proportionate, and conducted respectfully.

Step 1: Acknowledge and Document

When a worker raises a bullying complaint, acknowledge it promptly and take it seriously. Record the date and time, the identity of the complainant, the nature of the allegations, any named individuals, and any supporting evidence provided.

Let the worker know the complaint will be handled confidentially to the extent possible, though complete anonymity cannot always be guaranteed if an investigation is required. Explain the process you will follow and provide a point of contact.

Do not dismiss the complaint, minimise the worker's experience, or promise outcomes you cannot guarantee.

Step 2: Assess Immediate Risks

Before proceeding to investigation, assess whether any immediate risks exist. Consider whether the complainant or other workers face ongoing exposure to the alleged behaviour, whether there is any risk of physical harm, and whether interim measures are needed to separate the parties.

Interim measures might include temporarily reassigning tasks, adjusting reporting lines, modifying rosters or shifts, or placing an alleged perpetrator on paid administrative leave in serious cases. Any interim measures should be proportionate and should not disadvantage the complainant.

If the complaint involves violence or threats, report to police immediately.

Step 3: Provide Support

Offer support to both the complainant and the person against whom the complaint is made. This might include access to an Employee Assistance Program (EAP), information about external support services, or reasonable adjustments to work arrangements.

Both parties should be reminded that victimisation or retaliation for raising or being involved in a complaint is prohibited under WHS laws and may constitute adverse action under the Fair Work Act 2009.

Step 4: Investigate the Complaint

Under WHS laws, PCBUs must manage psychosocial hazards including bullying. When a complaint is received, you need to determine what occurred and whether it constitutes a psychosocial hazard requiring control measures.

The Model Code of Practice: Managing Psychosocial Hazards at Work notes that harmful behaviours may require both a disciplinary investigation into breaches of conduct policies and a WHS investigation into underlying hazards. Even where a code of conduct breach is not proven, there may still be psychosocial risks that need to be controlled.

A workplace investigation should be undertaken promptly, conducted by an impartial person with no prior involvement in the matter, procedurally fair (both parties have the opportunity to respond), confidential to the extent possible, and thoroughly documented.

The investigator should gather written statements from the complainant, the respondent, and any witnesses. Relevant documents such as emails, text messages, and performance records should be reviewed. The focus should be on whether the alleged behaviour occurred, whether it meets the definition of bullying or other harmful behaviour, and what control measures are needed.

For complex or serious complaints, consider engaging an external workplace investigator to ensure impartiality and procedural rigour.

Step 5: Take Appropriate Action

Once the investigation is complete, determine what action is required based on the findings. If the complaint is substantiated, implement control measures to eliminate or minimise the risk. This may include disciplinary action against the perpetrator, changes to work arrangements or reporting structures, additional training or supervision, updates to policies and procedures, and ongoing monitoring of the situation.

If the complaint is not substantiated, document your findings and reasons. Communicate outcomes to both parties. Even where specific allegations are not proven, consider whether underlying psychosocial hazards (such as high job demands, poor support, or unclear roles) contributed to workplace tensions.

Step 6: Review and Monitor

Following resolution, continue to monitor the situation. Check in with the complainant to ensure the behaviour has stopped and they feel safe at work. Review whether control measures are effective. Document any further incidents.

Use the complaint as an opportunity to review your broader approach to psychosocial hazard management. Are your policies current? Is training adequate? Are workers aware of reporting mechanisms?

What Regulators Can and Cannot Do

If a worker escalates a complaint to SafeWork or Comcare, the regulator will assess whether the PCBU has met its WHS obligations. SafeWork NSW notes that inspectors will assess whether the employer is consulting with workers, providing a safe work environment, implementing control measures, and monitoring conditions.

Regulators cannot order an employer to discipline or terminate an alleged bully, order compensation, or determine whose version of events is correct. Their focus is on compliance with WHS duties, not resolving individual disputes.

Workers can also apply to the Fair Work Commission for a stop bullying order if they believe bullying is ongoing. The Commission must begin dealing with applications within 14 days and can make orders to prevent future bullying. It cannot award compensation but can order changes to work arrangements, policies, or behaviour.

For Commonwealth public sector employees, Comcare administers WHS laws. Comcare expects workers to exhaust internal processes before lodging external complaints and focuses on systemic improvements rather than individual grievances.

Key Points for PCBUs

Your obligation is to eliminate psychosocial risks so far as is reasonably practicable, or minimise them if elimination is not possible. This applies whether or not a complaint is made. When a complaint is received, you must respond. Failure to investigate and address bullying complaints can result in regulatory action, prosecution for WHS breaches, and liability for psychological injuries.

Document every step of your process. Maintain records of the complaint, investigation, findings, and actions taken. This documentation demonstrates due diligence and provides evidence of compliance if the matter is later reviewed by a regulator or tribunal.

Train managers and supervisors to recognise psychosocial hazards and respond appropriately to complaints. Ensure your workplace has clear policies on acceptable behaviour, reporting mechanisms, and complaint handling procedures.

Resources

• Safe Work Australia: Bullying

• SafeWork NSW: Workplace Bullying

• Comcare: Psychosocial Hazards

• Fair Work Commission: Bullying

• Fair Work Ombudsman: Bullying in the Workplace

This article provides general information about workplace health and safety requirements and should not be relied upon as legal advice. Requirements vary by jurisdiction and may have changed since publication. Consult relevant codes of practice, regulatory guidance, and qualified advisors for specific circumstances.

For more information on how to identify, assess, and control psychosocial hazards in your workplace, visit refresh.tech to see how we can help you meet your duty of care obligations.