Purpose
To provide a fair, timely, and consistent process for investigating workplace bullying complaints in compliance with employment law and health and safety obligations.
Scope
All employees, managers, and HR staff involved in raising or managing a bullying complaint.
Procedure steps
Receive the complaint
Acknowledge receipt in writing within 2 business days. Thank the complainant for raising the matter. Explain the process and likely timeframe.
Assess seriousness
Determine whether the complaint constitutes bullying (repeated, unreasonable behaviour) vs a one-off incident or interpersonal conflict. Not all workplace conflict is bullying.
Appoint an investigator
Appoint a person with no conflict of interest. May be internal HR or an external investigator for serious matters. Advise both parties in writing.
Gather information
Interview the complainant, respondent, and any witnesses separately. Allow support persons. Keep records of all interviews. Do not pre-judge.
Make findings
The investigator prepares a report with findings of fact and conclusions. Both parties have an opportunity to respond to preliminary findings before the final report.
Implement outcomes
Take appropriate action based on findings: training, mediation, formal warning, or in serious cases, disciplinary process. Document all outcomes.
Follow up
Check in with the complainant within 30 days of conclusion. Monitor the workplace for ongoing issues.
Legislation
| HSWA 2015 s36 | PCBUs must manage psychosocial hazards including workplace bullying as part of health and safety obligations |
| ERA 2000 s4 | Parties must deal with each other in good faith, including during complaint and investigation processes |
| ERA 2000 s103A | Dismissal for misconduct following an investigation must follow a fair and reasonable process |
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