In recent years, bullying and harassment complaints in Australian workplaces have seen a marked increase, and it’s essential for organisations to be proactive in addressing these issues. Whether it’s physical, verbal, or psychological abuse, these complaints can seriously impact not just the individuals involved, but the organisation’s culture, reputation, and bottom line. As a result, HR professionals, line managers, and employees must be adequately equipped to handle such complaints effectively. In this blog, we’ll discuss why HR needs to be skilled in dealing with these situations, the steps to take before a full-scale investigation is initiated, and how to ensure fairness and impartiality throughout the process.
The Growing Issue of Bullying and Harassment in Australian Workplaces
Workplace bullying and harassment are not just moral or ethical concerns – they’re also legal issues. The Fair Work Act and Workplace Health and Safety laws set out clear guidelines for employers to follow when handling workplace complaints, and failure to act could lead to significant legal ramifications, including claims for unfair dismissal or workers’ compensation.
Data from the Fair Work Commission (FWC) and various industry reports indicate that workplace bullying claims have been on the rise. This highlights an urgent need for organisations to develop robust policies and training programs to help prevent and address these incidents. It also places a responsibility on HR teams, line managers, and employees to identify, report, and manage such complaints effectively and sensitively.
Key Steps to Prevent Workplace Bullying and Harassment
What are the legal rights of employees in harassment cases in Australia?
Employees have a right to work in a safe environment, free from bullying, harassment, and discrimination. Employers must take all reasonable steps to prevent and respond to bullying complaints. If a complaint is not appropriately addressed, it can lead to serious legal consequences, including claims made to the Fair Work Commission or under Workplace Health and Safety laws.
Why HR and Line Managers Must Be Skilled Up
HR departments play a crucial role in setting the tone for workplace culture, but line managers are often the first point of contact when a bullying or harassment complaint arises. Both HR professionals and line managers need to be adequately trained to:
- Identify potential issues – Recognising the signs of bullying or harassment early on can prevent escalation.
- Address complaints promptly and fairly – Complaints must be dealt with quickly, and employees need to feel heard and supported.
- Maintain impartiality – Those investigating claims must not be biased, and confidentiality must be respected throughout the process.
- Support affected employees – It’s important to offer appropriate support, whether it’s counselling, temporary relocation, or mediation services.
Training should include education on the Fair Work Act (click for information) Workplace Health and Safety guidelines, and anti-discrimination legislation. Line managers, in particular, should receive clear guidance on how to handle sensitive matters professionally, respecting the dignity of all employees involved.
Steps to Take Before Launching a Full-Scale Investigation
Before jumping into a full-scale investigation, there are several key steps that should be taken to determine whether it’s necessary and what the best course of action might be:
What should HR do first when a bullying complaint is made?
- Listen to the Complaint – Ensure the employee feels safe and heard. Listening carefully to their account of the incident is the first step. HR should make sure that the individual understands the next steps in the process and feels supported.
- Initial Assessment- Assess whether the complaint is serious enough to warrant an investigation. This involves considering factors such as the severity of the alleged behaviour, the evidence available, and whether there’s a potential for the issue to escalate if not addressed.
- Attempt Informal Resolution- Before escalating the issue, attempt informal resolution methods like mediation or facilitated discussions between the parties involved. This can sometimes solve the problem without the need for a formal investigation.
- Seek Legal Advice or ER Experts- If there’s any doubt regarding the appropriate response, consulting with legal professionals or Employment Relations (ER) experts, such as ER Focus, can help ensure the organisation complies with its obligations under employment law. ER Focus frequently provides pragmatic advice, along with actionable plans to address complex issues like bullying and harassment. Engaging experts can also help avoid unnecessary escalation and ensure the right steps are taken to protect both employees and the organisation.
- Gather Evidence- Take steps to gather information informally through discussions with potential witnesses or reviewing any relevant documents (e.g., emails or messages). This should be done discreetly and respectfully.
The Need for Impartial Investigations
If the complaint appears to be substantiated or the issue can’t be resolved informally, it’s time to move forward with a formal investigation. Conducting an impartial investigation is critical to ensure that the findings are reliable and defensible if challenged in court.
The investigation should:
- Be impartial and unbiased, ensuring all parties are heard.
- Be carried out by an experienced investigator who understands the nuances of workplace bullying and harassment.
- Focus on the facts, rather than assumptions or emotions.
- Ensure confidentiality to protect the privacy of the individuals involved.
Impartiality in the investigation is necessary to ensure that any action taken is appropriate, whether that’s a warning, disciplinary action, or even dismissal.
How Does an Impartial Investigation Work in Workplace Harassment Cases?
Impartial investigations involve a systematic approach to gathering evidence and hearing all parties involved. Independent investigators or HR professionals with experience in the matter should conduct the inquiry. All findings must be documented, and any disciplinary actions must be based on facts rather than assumptions or emotions.
Case Study: Workplace Harassment at XYZ Manufacturing
At XYZ Manufacturing, a team leader named John filed a bullying complaint against his supervisor, Sarah, claiming she had publicly berated him in front of his colleagues on multiple occasions. The matter was first addressed informally by HR, but the situation escalated when Sarah reportedly retaliated against John by denying him shifts, which could have affected his performance review.
An initial assessment by HR determined that the issue warranted further investigation due to the severity of the retaliation claims. An experienced external investigator was appointed to conduct interviews with all involved parties and witnesses, gathering detailed accounts of the incidents. Following the impartial investigation, it was concluded that Sarah’s behaviour constituted workplace harassment, and corrective action was taken, including counselling and mandatory training.
This case illustrates the importance of handling such complaints seriously and ensuring that investigations are conducted impartially to protect both the employee making the complaint and the individual being accused.
Final Thoughts
Workplace bullying and harassment are serious issues that require attention and action from HR professionals, line managers, and employees alike. By addressing complaints effectively, providing the right support, and ensuring fairness in investigations, organisations can maintain a safe and respectful environment for all employees. Preparing HR teams and line managers through proper training can go a long way in preventing these issues from escalating and can safeguard both the organisation and its people.
Need help handling a bullying complaint? Contact ER Focus for expert, impartial advice on workplace investigations. Call or Text David Haydon on 0409400118 or email dhaydon@erfocus.com.au
Disclaimer
This blog is for informational purposes only and does not constitute legal advice. If you are facing a specific issue related to workplace bullying or harassment, it is recommended that you consult with a qualified employment law professional or ER expert for guidance tailored to your situation.