In light of the new anti-bullying regime under the
Fair Work Act 2009 (Cth) (Act), it is more important than
ever that employers understand how a workplace investigation should
be conducted, and have robust policies and procedures in place to
assist with defending against bullying applications under this new
regime and any other legal claims.
In our previous
article, we explained the impact that the anti-bullying
amendments to the Act will have on the workplace practices of
employers when those amendments come into effect on 1 January 2014,
including the increased exposure that a workplace bullying
complaint may create for an employer.
Workplace bullying is, of course, not the only workplace issue
that may need to be the subject of an investigation in the
workplace. A wide range of issues may require investigation by an
employer, for example, complaints of any inappropriate behaviour or
conduct in the workplace (including misconduct and bullying,
harassing or
