Workplace bullying complaints can be difficult for employers to manage, particularly where there are concerns the complaint may be vexatious, exaggerated, or made in bad faith. Even when a complaint raises red flags, it should never be dismissed without proper review.
A vexatious complaint is different from an unsubstantiated complaint. Sometimes an employee genuinely believes they have been treated poorly, even if the evidence does not support their concern. A vexatious complaint, however, may be made without a genuine basis or for another purpose, such as deflecting attention from performance issues, gaining leverage in a workplace dispute, or targeting another person unfairly.
A questionable complaint still requires a fair process. Assumptions are not a substitute for evidence.
Employers should respond consistently and in line with workplace policies. This means acknowledging the complaint, assessing any immediate health and safety risks, considering whether interim steps are needed, and determining whether the matter should be managed informally or through a formal investigation.
Procedural fairness remains essential. Each person involved should understand the concerns, have an opportunity to respond, and be treated with respect throughout the process. If the investigation later suggests the complaint was made vexatiously, that finding should also be managed carefully, with the employee given a chance to respond before any disciplinary decision is made.
It is also important to keep the investigation focused. If a separate issue emerges, such as misconduct, confidentiality concerns, or broader team conflict, it should generally be handled through a separate process. This helps avoid confusion and supports a fair outcome.
Where allegations are proven, the response should be reasonable and proportionate. A minor issue may call for coaching or a warning, not termination. If a complaint is found to have been made in bad faith, disciplinary action may be appropriate, but only after a clear, documented and fair process.
Employers should also remember their wellbeing obligations. A complaint process can be stressful for the complainant, the person complained about, witnesses and the broader team. Support may include access to an Employee Assistance Program, check-ins with affected employees, adjusted working arrangements where appropriate, and clear expectations about confidentiality and respectful behaviour.
For employers, the key steps are simple:
- take the complaint seriously;
- avoid early conclusions;
- follow policy;
- document decisions;
- separate new issues from the original complaint; and
- ensure any outcome is proportionate.
At The BelRose Group, we support organisations to manage workplace complaints, investigations and people risks with fairness, clarity and confidence. If your organisation needs assistance reviewing a bullying complaint, conducting an investigation, or strengthening your workplace policies, please contact us.
For support with workplace investigations or employee relations matters, contact:
The BelRose Group:
📧 Support@BelRoseGroup.com.au
📞 1300 308 707