Call Daniel on 1300 23 44 23 for immediate guidance. The 48-Hour Workplace Triage provides a structured response plan within two business days.
A formal complaint has been lodged: workplace bullying, harassment, or potentially something worse. How you respond in the next 24 to 48 hours will determine whether this is resolved appropriately or escalates into a Fair Work Commission claim, a workers compensation matter, or reputational damage. Many employers have never dealt with a formal complaint of this nature before. The process is high stakes, procedurally complex, and the consequences of getting it wrong are significant. This is not something to work through internally without guidance.
Under the Fair Work Act, a worker who has been bullied at work can apply to the Fair Work Commission for an order to stop the bullying. Failing to act can also expose your business to adverse action claims and general protections applications.
Positive duty obligations under the Sex Discrimination Act mean employers must actively prevent sexual harassment in the workplace, not simply respond after it occurs.
The Australian Human Rights Commission has enforcement powers to initiate compliance proceedings even without a formal complaint being lodged. If your business does not have documented processes for receiving and responding to complaints, that gap creates immediate legal exposure.
What you do in the first 48 hours will set the course for everything that follows. There are critical mistakes that employers make under pressure, and each one can undermine the entire process.
Not every complaint requires a formal investigation, but when workplace bullying happens alongside allegations of harassment, sexual harassment, or discrimination, the matter typically crosses the threshold from informal resolution to formal investigation. The determining factors are the nature of the bullying, the risk to health and safety of the individuals involved, and whether the behaviour is repeated or systemic. Where a worker is being humiliated or intimidated, the conduct creates a risk to health and safety that demands a structured response.
Independence matters. An investigation conducted by someone with a pre-existing relationship to the parties may not withstand scrutiny if the outcome is challenged.
Procedural fairness requires that both parties are heard, that evidence is assessed objectively, and that findings are based on fact. A defensible outcome depends on the process being handled by someone with no stake in the result.
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Personal due diligence duty for officers. If the complaint relates to repeated bullying behaviour or a psychosocial hazard, the exposure is not confined to the business. As an officer under WHS legislation, a director or business owner has a personal due diligence duty to ensure psychosocial risks are managed. A poor complaint response can engage that personal liability, in addition to the employer’s obligations.
The consequences of a poor response are measurable. Getting the response wrong creates legal, financial, and operational risk that extends well beyond the original complaint.
If the respondent is terminated without due process, you face unfair dismissal claims.
If the complainant’s physical or psychological health deteriorates because the complaint was mishandled, workers compensation claims follow.
The complainant may also make a claim for adverse action if you take steps against someone for exercising a workplace right, including the right to lodge a complaint.
The positive duty framework means the Australian Human Rights Commission can examine whether your business took reasonable steps to prevent the behaviour.
The Fair Work Commission can issue a stop-bullying order if workplace bullying is established. Your response to earlier complaints will be scrutinised in that process.
Where a complaint also raises work health and safety concerns, the relevant state WHS regulator may also become involved.
If a complaint has already been lodged in your workplace, the decisions you make in the next 48 hours will shape what follows. Call Daniel on 1300 23 44 23 .
Daniel holds a Certificate IV in Government Investigations and brings investigative discipline from a previous career as a Military Police Officer. He has conducted workplace investigations into bullying, harassment, sexual harassment, and discrimination across dozens of industries. You can read more about Daniel’s qualifications and approach on the About page. When a formal complaint has been lodged, the priority is stabilisation: establishing the facts, protecting both parties, and ensuring your response meets your legal obligations from day one.
If the complaint relates to sexual harassment or sex-based discrimination, the positive duty obligations require more than just addressing the individual complaint. The Positive Duty Plan builds the systemic framework required under the Sex Discrimination Act.
For situations requiring immediate action, the 48-Hour Workplace Triage delivers a structured response within two business days. For complaints that require a formal independent investigation, the Workplace Investigations service follows a methodology built around procedural fairness and defensible outcomes. To discuss your situation, contact Daniel directly.
“We engaged Daniel from Brookvale HR Solutions to conduct an independent workplace investigation after an incident at a staff event. He managed the process quickly and fairly, interviewing staff, reviewing evidence and delivering a clear report with practical recommendations within a week. Daniel then helped us put those recommendations in place, which reduced risk to the business and helped restore calm within the team. We were very happy with both the service and the outcome and would confidently recommend Brookvale HR Solutions to other businesses needing HR support.”
Common questions answered up front, so you can decide your next step without a sales call.
If the complaint relates to ongoing behaviour that is affecting your employees’ psychological health, your obligations extend beyond the complaint itself. Psychosocial hazards must be identified and managed under work health and safety legislation.
Psychosocial risk obligationsWhere the complaint involves sexual harassment or sex-based discrimination, positive duty obligations require a systemic prevention framework, not just a response to the individual matter.
View the Positive Duty PlanIf the complaint process results in a finding that warrants termination, the dismissal must follow a fair and documented process. Procedural missteps at the termination stage can undo the work done during the investigation.
Termination guidanceFor further reading on employer obligations, visit the Brookvale HR Solutions blog or explore the compliance tools available on this site.
Call Daniel on 1300 23 44 23 or book a free 30-minute strategy call. No obligation, no sales pitch. A direct conversation about your situation.
