When should a workplace complaint be formally investigated?

Many workplaces automatically launch a formal investigation when a complaint is received. However, it is suggested you should temper this automatic approach, as it can create unnecessary stress, consume resources and sometimes damage workplace relationships.

A formal investigation should generally only occur when two key tests are met:

1. Would the alleged conduct, if proven, breach workplace policies and justify disciplinary action?
   • If the answer is no, alternative approaches such as coaching, mediation, facilitated discussions or clarifying expectations may be more appropriate.
2. Is there enough evidence and detail to investigate fairly?
   • Complaints should include specific examples, dates, behaviours and circumstances. Broad statements such as “I’m being bullied” or “my manager is always targeting me” usually require further clarification before an investigation can proceed.

Where the situation is unclear, an employer should undertake a preliminary assessment. This allows them to gather information, understand the issues and determine the most appropriate response without immediately commencing a formal investigation.

Importantly, deciding not to investigate does not mean a complaint is ignored. An Employer should communicate openly with employees, explain the reasons for their decision and discuss alternative resolution options.

Key Considerations

• Does the complaint meet the threshold for misconduct?
• Is there sufficient evidence to support an investigation?
• Could mediation, coaching or facilitated discussions resolve the issue more effectively?
• Are there broader workplace factors such as workload, role clarity or communication issues contributing to the concern?
• Has procedural fairness been considered for all parties involved?

Getting the assessment right helps ensure complaints are managed fairly, proportionately and in a way that supports a positive workplace culture.

If you have any questions or need further guidance, please don’t hesitate to contact our Advisory team:

📞 (02) 6175 5900
📧 workplace@mba.org.au