When bullying allegations surface, time is your most critical resource. The first 24 hours can determine the entire trajectory of the outcome.
Australian employers face strict duties under the Fair Work Act and WHS legislation. You cannot “wait and see.” You must act immediately to protect staff wellbeing and prevent evidence from disappearing.
If a complaint has just landed on your desk, you may need to initiate a Melbourne workplace bullying investigation immediately to mitigate the risk.
The Critical 24-Hour Window
The initial day following a report is the “Golden Hour” of investigation. During this window, memories are fresh, and digital evidence is still accessible.
Why Immediate Action is Non-Negotiable
Delaying action does not just annoy the complainant; it destroys your case.
- Evidence Degradation: CCTV footage is often overwritten after 7-30 days. Emails can be deleted. Acting now preserves the truth.
- Witness Memory: People recall details accurately immediately after an event. A week later, their memory is contaminated by gossip.
- Duty of Care: Failing to act on a known safety risk (bullying) exposes the company to negligence claims.
Steps in the Process
Every allegation requires a methodical process. Whether you are handling a complex matter in the CBD or Geelong workplace investigations, the steps remain the same.
1. Initial Assessment (Triage)
Timeframe: First 24 Hours
Determine the scope. Is this interpersonal conflict or serious misconduct? Secure any immediate evidence (e.g., download email logs, save slack messages).
2. Notification
Timeframe: 24-48 Hours
Notify the respondent (the accused). You must provide them with the specific allegations in writing. Crucial: Inform them of their right to a Support Person.
3. The Investigation
Timeframe: Days 3-10
This is where you interview witnesses and review the evidence. If the matter is serious, you should engage an external Melbourne workplace investigation team to ensure impartiality.
Ensuring Procedural Fairness
Speed is important, but fairness is paramount. You cannot rush to judgment.
The “Hearing Rule”:
The respondent must have a genuine opportunity to respond to the evidence against them before a decision is made. If you fire someone without hearing their side, you will likely lose an Unfair Dismissal case.
Confidentiality:
Information must be restricted to “need to know” parties only. Leaks can lead to defamation claims.
After the Investigation
Once the findings are made (on the balance of probabilities), you must close the loop.
- Substantiated: Implement disciplinary action (warning, training, or termination).
- Unsubstantiated: Debrief the parties and monitor the relationship to prevent victimization.
Conclusion
The “24-Hour Rule” is simple: When you know, you act.
Delaying a bullying investigation suggests you don’t care. Acting immediately proves you prioritize safety. If you are unsure where to start, seek professional help immediately.
Has a Complaint Just Landed?
Do not wait. Jolasers can step in immediately to secure evidence and conduct a fair investigation.
Telephone: 0418 101 164 (Stephen Oliver)
Service Areas:
Bullying Response | Geelong & Regional
Common Questions
Must I suspend the accused?
Only if there is an immediate risk to safety or evidence tampering. Suspension is a serious step and should usually be on full pay.
Can I check their emails?
Generally yes, if they are work accounts and you have a policy in place. However, be careful not to access purely personal information without legal advice.
What if the witness wants to be anonymous?
You can keep them anonymous to the team, but the accused usually has a right to know the substance of the allegation to respond to it. Total anonymity can make an allegation impossible to prove.