Bullying Investigations, Workplace Investigations
What Evidence Do You Need in a Workplace Bullying Investigation in Australia?
Aug
What Evidence Do You Need in a Workplace Bullying Investigation in Australia?
Workplace bullying is a serious issue that can have lasting impacts on individuals and organisations alike. When allegations of bullying arise, it is critical that employers conduct a thorough, fair, and legally sound workplace bullying investigation. One of the most important aspects of any investigation is the collection and assessment of credible and relevant evidence.
At Synergy Workplace Investigations, we specialise in conducting independent investigations that meet the standards of procedural fairness, comply with Australian legislation, and provide organisations with reliable findings.
In this article, we outline the key types of evidence required to make a defensible determination in a workplace bullying investigation in Australia.
🔍 What Constitutes Workplace Bullying?
Under the Fair Work Act 2009, workplace bullying is defined as:
“Repeated, unreasonable behaviour directed towards a worker or a group of workers that creates a risk to health and safety.”
To establish whether bullying has occurred, investigators need to determine:
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Was the behaviour repeated?
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Was it unreasonable?
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Did it create a risk to health and safety?
✅ What Evidence Is Required in a Workplace Bullying Investigation?
1. Complainant’s Statement
A well-documented statement from the complainant is foundational. It should outline:
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Specific incidents, (dates, times if possible but keep in mind that the complainant may not recall this level of detail so approximate dates and times of day are ok)
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Names of any witnesses
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The impact the behaviour had on them
2. Respondent’s Response
The alleged perpetrator must be given an opportunity to respond. Their response might include:
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A denial or alternative version of events
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Context around the alleged conduct
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Any supporting evidence
3. Witness Accounts
Independent witness evidence helps to either corroborate or challenge the allegations. Witnesses should:
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Speak to what they directly observed (hearsay is acceptable if the witness did not see the incident themselves, but the complainant told them about it shortly afterward or they saw the complainant visibly upset around the same time. Hearsay evidence is weak and will not stand on its own – other evidence is usually needed to substantiate allegations of bullying)
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Provide relatively consistent and specific accounts
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Be impartial and credible
4. Documentary & Digital Evidence
Physical and electronic records can be crucial in substantiating claims:
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Emails, chat logs (Teams, Slack), text messages
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Meeting minutes or diary entries
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Performance reviews, HR files, complaints history
5. Workplace Policies and Procedures
Investigators assess the alleged conduct against the organisation’s:
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Workplace bullying policy
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Code of conduct
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Grievance handling procedures
These documents help determine whether the conduct breached internal behavioural standards.
6. Objective Impact Evidence
To demonstrate risk to health and safety, investigators may consider:
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Medical or psychological reports
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Sick leave or workers’ compensation claims
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Impact on team morale or productivity
7. Pattern of Behaviour
Because bullying must be repeated, it’s important to look for:
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Multiple incidents over time
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Previous substantiated complaints
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Consistent behavioural patterns
⚖️ Complying with Australian Legal Standards
A workplace bullying investigation in Australia must follow the principles of natural justice and comply with:
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The Fair Work Act 2009
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Case law and decisions from the Fair Work Commission
Investigators must make findings on the balance of probabilities—in other words, whether it is more likely than not that the alleged conduct occurred.
Need Help with a Workplace Bullying Investigation?
At Synergy Workplace Investigations, we understand how sensitive and complex bullying matters can be. Our investigators bring legal expertise, HR insight, and trauma-informed practices to every matter. We provide clear, defensible findings that give you confidence in your next steps.
We conduct investigations across Sydney, Melbourne, Brisbane and all regional areas of Australia.
📞 Contact us today for confidential advice or a no-obligation discussion about your workplace investigation needs.
