4. Investigation - Who should conduct, Informing, Outcomes

4. Investigation

Workplace bullying reports of a serious or complex nature should always be investigated. Serious bullying reports may include those:

• covering a long period of time

• involving multiple workers

• where the alleged behaviours are in dispute

• involving alleged bullying by senior managers, or

• where other processes have not been able to resolve the matter.

The aim of an investigation is to look into the circumstances of the matter and work out what has occurred.

Once it has been determined that an investigation will be undertaken, the PCBU should decide on the scope and process including:

• who will conduct the investigation

• details of the behaviour that will be investigated

• how the investigation will be conducted and likely timeframes

• what the investigation aims to achieve

• what support needs to be provided to the parties involved, and

• how outcomes of the investigation will be communicated.

The principles outlined in section 3.2 should be applied when a report of workplace bullying is being investigated.

4.1. Who should conduct the investigation?

Investigations should always be carried out by an unbiased person who has experience and knowledge in dealing with workplace bullying matters.

If being led internally it is important to ensure all parties have confidence in the neutrality of the investigator and they are suitably qualified to lead the investigation. If this is not possible an external investigator is recommended. The investigator should be impartial, objective and focus on whether a report of workplace bullying is substantiated or not, or if there is insufficient information to decide either way.

4.2. Informing the parties of the investigation

To ensure the investigation process is conducted in a fair, objective and timely way it is important to inform the parties about:

• who is conducting the investigation

• conflicts of interest—these should be declared before the investigation proceeds

• their obligations and the obligations of the investigator regarding confidentiality

• their right to seek independent advice and representation

• the expected timeframes of the investigation

• how the issue will be investigated e.g. interviews with the parties and witnesses or viewing documentary evidence

• who will receive copies of statements and records of interviews (if obtained)

• who can be present at interviews

• what support mechanisms will be in place for each party, including any interim measures to ensure the health and safety of the parties during the investigation process, and

• possible outcomes (e.g. disciplinary action) and rights of appeal and review.

4.3. Outcomes of an investigation

Where the investigator is not the decision-maker, at the end of an investigation, the investigator should provide an objective report to the PCBU who will then use the findings and recommendations of the investigation to make a decision. The report should outline:

• the report that was investigated

• the investigation process

• all relevant evidence (including who was interviewed), and

• the findings of the investigation as to whether the alleged bullying occurred.

The findings of the investigation should then be communicated to the parties involved.

If a report is substantiated, actions should be taken consistent with relevant policies and procedures. The actions may be different in each situation and depend on the severity of the workplace bullying, the size and structure of the business. Such actions may include:

• directing the person to cease the behaviour and gaining a commitment that the behaviour will not be repeated and monitoring this over time

• providing information to workers to raise the awareness of workplace bullying and standards of behaviour expected

• providing training or coaching e.g. leadership, communication and inter-personal skills and conflict management

• providing counselling support

• reviewing the workplace bullying policy and prevention measures

• addressing organisational issues that may have contributed to the behaviour occurring

• requesting an apology

• providing a verbal or written warning

• transferring a worker or workers to another work area, or

• demotion, dismissal or other actions subject to workplace relations laws.

It is likely a combination of strategies will be appropriate to prevent bullying behaviour from re-occurring.

If an investigation finds a report of workplace bullying is not substantiated, assistance may still need to be provided to resolve outstanding issues. This may involve mediation, counselling or changing working arrangements. Mediation is a voluntary process where an impartial third party, preferably a trained mediator, assists the parties put their respective cases before each other. The role of a mediator is to help both parties understand each other’s perspective and to try to find an agreement the parties are willing to abide by.

If the report is found to be vexatious or malicious, disciplinary action or counselling may be considered against the person who made the report. Any action taken should be consistent with the organisation’s policies on misconduct and disciplinary action.

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4. Investigation

Guide for Preventing and Responding to Workplace Bullying, May 2016

© Commonwealth of Austr​alia 2020

This Guide provides information for persons conducting a business or undertaking on how to manage the risks of workplace bullying as part of meeting their duties under the work health and safety laws.

Workplace bullying is a risk to health and safety. It can occur wherever people work together in all types of workplaces. It is best dealt with by taking steps to prevent it from occurring and responding quickly if it does occur. The longer the bullying behaviour continues, the more difficult it is to address and the harder it becomes to repair working relationships.

from Safe Work Australia

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