What to Do When You Receive a Bullying or Harassment Complaint

The first thing to do when you receive a bullying or harassment complaint is to acknowledge it, take it seriously, and resist the urge to investigate it yourself. Your immediate obligations are to ensure the safety of the person who made the complaint, to preserve confidentiality as far as practicable, and to assess what level of response the complaint requires. Getting these first steps right sets the foundation for everything that follows.

Your Immediate Obligations as an Employer

Under the OHS Act 2004 (Vic), you have a duty to provide a workplace that is safe and without risks to health. Once you receive a complaint alleging bullying, harassment, or any other psychosocial hazard, you are on notice that a risk may exist. From that point, how you respond matters, both for the people involved and for your legal position.

Acknowledge the complaint promptly. The person who raised it needs to know it's been received and will be dealt with. You don't need to promise a specific outcome or timeframe at this stage, just that you've heard them and you're taking it seriously. Document everything from the outset. Record when the complaint was received, who received it, what was alleged (in summary), and what steps you took. This documentation becomes important if the matter is later reviewed. Assess immediate risk. Is the complainant safe to continue working in their current arrangement? Do the complainant and respondent work together directly? Is there a risk of retaliation? If the answer to any of these is yes, consider interim measures such as adjusting reporting lines, separating the parties, or changing work arrangements temporarily. These measures should be applied to the respondent's situation where possible, not the complainant's.

When You Need an External Investigator

Not every complaint requires a formal investigation. Minor interpersonal issues can sometimes be resolved through facilitated conversation or mediation. But a formal investigation is usually necessary when the complaint alleges serious misconduct (sexual harassment, assault, sustained bullying), the complaint involves a manager, supervisor, or senior leader, there's a pattern of complaints about the same person or the same issue, the matter has been notified to WorkSafe, internal resolution has been attempted and failed, or the complainant has requested a formal investigation.

If any of these apply, engaging an independent external investigator is the safest course of action. Investigating internally, particularly when the complaint involves someone in a position of authority, creates procedural fairness risks that can undermine the entire process.

What Not to Do

These are the mistakes we've seen most often, both as WorkSafe inspectors and as investigators. Every one of them makes the situation worse.

Don't tell the complainant to 'sort it out themselves.' This signals that you're not taking the complaint seriously and may constitute a failure to manage a known psychosocial hazard. Don't move or disadvantage the complainant. If someone needs to be moved, it should be the respondent. Relocating, reassigning, or reducing the complainant's role sends a message that making a complaint has consequences. Don't prejudge the outcome. Until the facts are established, avoid forming or expressing a view about who's right. Don't delay. Unreasonable delay in responding to a complaint is itself a failure. WorkSafe expects employers to act within a reasonable timeframe. Don't promise confidentiality you can't deliver. You should keep the matter as confidential as practicable, but absolute confidentiality isn't possible. Witnesses need to be interviewed, the respondent needs to be informed, and if the matter involves a serious risk, you may have notification obligations. Don't ignore the respondent's rights. The respondent is entitled to know the allegations against them and to have an opportunity to respond. Procedural fairness applies regardless of how serious the allegations are.

Supporting Both Parties During the Process

Both the complainant and the respondent are your workers (in most cases), and you owe a duty of care to both. Make employee assistance program details available to both parties. Keep both informed of the process, timeframes, and what to expect without sharing details about the other party's involvement. Ensure neither party is subjected to adverse treatment for their participation in the process. Monitor the workplace for any signs of retaliation, gossip, or ostracism related to the complaint.

How Quickly Should You Act?

There is no legislated timeframe for responding to a complaint, but the expectation is that you act without unreasonable delay. In practice, that means acknowledging the complaint within 24 to 48 hours, assessing whether interim risk measures are needed within the first few days, deciding on the appropriate level of response (informal resolution, mediation, or formal investigation) within one to two weeks, and if engaging an investigator, doing so promptly and not letting the matter sit.

Delays erode trust, increase the risk of harm, and weaken your position if the matter is later reviewed.

Frequently Asked Questions

What if the complaint is made anonymously?

You still have an obligation to assess the information and determine whether a risk exists. You may not be able to investigate specific allegations without knowing who the complainant is, but you can examine the conditions described in the complaint and take action on any hazards you identify.

Can the complainant withdraw their complaint?

The complainant can withdraw, but your obligation to manage psychosocial hazards remains. If the complaint revealed information about a serious risk, you may need to act on that information regardless of whether the complainant wants to proceed.

What if multiple people complain about the same person?

This strengthens the case for a formal investigation and may indicate a systemic issue rather than an isolated incident. Multiple complaints about the same person or behaviour pattern should be taken seriously and may need to be investigated together or in a coordinated manner.

If you've received a complaint and need guidance on your next steps, contact Clear Boundaries for a confidential discussion. We can advise on your obligations and help you determine the right level of response.