Service
Workplace bullying and harassment investigations
Under the Fair Work Act, workplace bullying is when a person or group repeatedly behaves unreasonably towards a worker or group of workers and the behaviour creates a risk to health and safety. Reasonable management action carried out in a reasonable way is not bullying. BION Partners investigates bullying and harassment complaints independently, so you get impartial findings on what happened and can act with confidence.
What counts as workplace bullying?
The Fair Work Ombudsman explains that bullying occurs when a person or group of people repeatedly behave unreasonably towards another worker or group of workers, and the behaviour creates a risk to health and safety. Examples it gives include:
- behaving aggressively towards others
- teasing or playing practical jokes
- pressuring someone to behave inappropriately
- excluding someone from work-related events
- unreasonable work demands.
Is performance management bullying?
Not if it is reasonable. Reasonable management action carried out in a reasonable way is not bullying. Managers can make decisions about poor performance, take disciplinary action and direct how work is done. But management action that is not carried out reasonably may still be bullying. Working out which side of the line conduct falls on is often the central question in a bullying investigation, and it is one that benefits from someone independent of the management chain.
Why do bullying complaints need a proper investigation?
- Stop bullying applications. Workers covered by the Fair Work Act can apply to the Fair Work Commission for an order to stop bullying. How you responded to the complaint will matter.
- Work health and safety duties. In Queensland, bullying and harassment are named psychosocial hazards in the Managing the risk of psychosocial hazards at work Code of Practice 2022, and employers must manage psychosocial risks under the WHS Regulation.
- Disciplinary decisions. If the findings lead to a warning or dismissal, the process will be examined if the decision is challenged. See investigation findings and unfair dismissal.
- Culture. Complaints handled poorly, or not at all, erode trust. Unfair process is itself a psychosocial hazard (the Code lists poor organisational justice).
How do we investigate a bullying complaint?
We help you formulate clear allegations from the complaint, agree the scope, then interview the complainant, the respondent and relevant witnesses, and gather documents such as emails, messages and rosters. The respondent gets a fair opportunity to respond to each allegation. We then weigh the evidence and report on whether each allegation is substantiated, including whether conduct was reasonable management action.
See how it works for the full process.
What about harassment and discrimination?
Harassment complaints can involve conduct connected to a protected attribute such as sex, race, disability, age or sexual orientation. We investigate harassment and discrimination complaints, with specialty skills in cases involving LGBTIQ+ discriminatory allegations, and experienced female investigators available where appropriate. For sexual harassment, see sexual harassment investigations.
What happens after the investigation?
The employer decides what action to take. Many organisations also need to repair the team afterwards. Our workplace culture and HR services help organisations remediate issues and prevent future misconduct.
General information only. This page explains the law in general terms and is not legal advice. For advice about your situation, speak with a lawyer.
Frequently asked questions
Is one incident enough to be bullying?
Under the Fair Work Act definition, bullying involves repeated unreasonable behaviour that creates a risk to health and safety. A single incident may still be serious misconduct, harassment or a safety issue that needs investigating.
Can employees go straight to the Fair Work Commission?
Workers covered by the Fair Work Act can apply to the Fair Work Commission for an order to stop bullying. Employers should still deal with complaints promptly through their own processes.
Should the manager of the people involved investigate?
Usually not, if the complaint is about the manager or their decisions, or if they are close to the people involved. Actual or perceived bias can undermine the findings. An external investigator avoids that problem.
Sources
- Fair Work Ombudsman: Bullying in the workplace
- WorkSafe Queensland: Managing the risk of psychosocial hazards at work Code of Practice 2022
- Work Health and Safety (Psychosocial Risks) Amendment Regulation 2022 (Qld)
Checked 22 October 2026. Laws and guidance change; check the source before relying on it.