Legal Advice for Employers Managing Workplace Bullying and Harassment
Workplace bullying and harassment complaints can create significant legal, operational and reputational risks for employers. When concerns are raised, businesses need to respond promptly, fairly and in accordance with their workplace policies and legal obligations.
Hentys Lawyers provides practical workplace relations advice to employers dealing with bullying, harassment and inappropriate workplace conduct. We assist businesses with responding to complaints, managing workplace investigations, reviewing policies and procedures, and reducing the risk of claims escalating into formal proceedings.
Whether you have received a formal complaint, become aware of concerning workplace behaviour or want to strengthen your preventative measures, our employment lawyers can help you determine the appropriate response. We work with employers across Melbourne, Sydney, Brisbane, Perth, Adelaide and the rest of Australia.
For urgent WorkCover and Employment matters, please call Timothy Ashton at any time on 0416 094 174.
What Should Employers Do When a Complaint Is Made?
When an employee raises allegations of bullying or harassment, employers should act promptly and assess the appropriate response.
This may include following existing workplace policies and procedures, considering workers’ immediate safety and wellbeing, maintaining appropriate confidentiality, and providing access to support services such as an Employee Assistance Program (EAP).
Employers should also consider their obligations under relevant workplace relations, occupational health and safety, work health and safety and anti-discrimination legislation.
Once the matter is resolved, businesses should consider whether policies, procedures, or workplace training need to be reviewed.
Workplace Bullying and Harassment Investigations
Serious or disputed allegations may require a formal workplace investigation.
An investigation should provide procedural fairness to both the complainant and the employee responding to the allegations. Gather and consider relevant evidence before making findings or disciplinary decisions. Common employer mistakes include:
- Delaying the investigation or response
- Failing to maintain appropriate confidentiality
- Not providing procedural fairness
- Gathering evidence from only one side
- Reaching conclusions before considering all relevant information
- Failing to properly document the investigation
Hentys can advise employers throughout the investigation process and help determine the appropriate response once findings have been made.
Workplace Bullying and Harassment Policies
Clear workplace policies can help establish expected standards of behaviour and provide employees and managers with a process for raising and responding to concerns.
A bullying and harassment policy should generally include clear definitions of unacceptable conduct, reporting options, confidentiality requirements and limitations, the investigation process and potential outcomes where allegations are substantiated.
Policies should also connect with relevant codes of conduct, grievance procedures and disciplinary policies.
Workplace Bullying and Harassment Training
Regular training helps employees understand what constitutes inappropriate workplace behaviour, how to raise concerns, and how complaints may be managed.
Training can also reinforce the potential consequences of bullying and harassment, including disciplinary action and, in serious circumstances, termination of employment.
For employers, regular training can demonstrate a commitment to workplace safety and compliance while helping managers identify and respond appropriately to workplace concerns.
Emerging Workplace Bullying and Harassment Issues
Employers are increasingly managing complaints involving psychological harm or mental injury, sexual harassment, conduct occurring outside ordinary working hours and employee activity on social media.
Modern working arrangements can make the distinction between workplace and private conduct more complicated. Work functions, business travel, employee group chats and interactions between colleagues on social media can potentially result in workplace complaints.
Employers should ensure their policies and procedures reflect how employees communicate and interact both inside and outside the physical workplace.
When Should Employers Seek Legal Advice?
Obtaining legal advice early can help employers manage workplace bullying and harassment complaints appropriately and reduce the risk of a matter escalating into a formal claim or workplace dispute. We recommend seeking advice:
- After receiving a serious bullying or harassment complaint
- When allegations involve sexual harassment, discrimination or victimisation
- Before commencing a formal workplace investigation
- When allegations involve senior managers or executives
- When considering disciplinary action or termination of employment
- When there are concerns about psychological harm or workplace safety
- After receiving a Fair Work Commission application or other formal claim
Early advice can help employers protect confidentiality, preserve evidence, maintain procedural fairness and determine the appropriate response to allegations.
Why Choose Hentys Lawyers?
Workplace bullying and harassment matters require careful management. Employers need to balance employee wellbeing and workplace safety with procedural fairness, confidentiality and their broader legal obligations.
Our employment lawyers provide:
- Representation focused exclusively on employer interests
- Strategic advice from the initial complaint through to resolution
- Guidance on workplace investigations and procedural fairness
- Advice on disciplinary action and termination of employment
- Assistance with bullying, harassment and grievance policies
- Representation in Fair Work Commission proceedings
- Practical advice aligned with your commercial objectives
Whether you are responding to an individual complaint, conducting a workplace investigation or reviewing your preventative policies and procedures, Hentys Lawyers can help protect your business and manage the matter appropriately.
Contact Our Workplace Bullying and Harassment Lawyers at Hentys Today
Call our office on (03) 8615 4200 or email timothy.ashton@hentys.com.au
To find out more about our services, please complete our enquiry form.
Protect Your Business When Workplace Complaints Arise
Practical legal advice for employers managing workplace bullying, harassment and misconduct complaints.
For urgent WorkCover and Employment matters, please call Timothy Ashton at any time on 0416 094 174.
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