Case Law: Using correct process to investigate bullying allegations

Why following a fair process matters more than ever

Recent cases have highlighted the importance of making sure employers follow a correct process to investigate bullying allegations. Employers must take any allegations seriously and carry out an investigation to assess the validity of bullying claims in accordance with company policy on bullying and harassment.

“More than a third of surveyed employees have been victims of workplace bullying.”
— Survey of over 2,000 UK employees by law firm Slater and Gordon

   From Informal Steps to Formal Investigation

Bullying is defined as ‘Repeat’ and ‘Unreasonable’ behaviour aimed at a worker of a group of workers that can lead to physical or psychological harm. The first step in most company policies is the Informal Stage where the Complainant feels safe to approach the Respondent and makes it clear that such behaviour is unacceptable. All parties are entitled to independent legal advice/support person.

The next stage is the Formal Stage where the complainant puts their complaint in writing to the company. An Investigation Process is initiated where an investigator any witnesses and gather facts to see if there is validity to the bullying allegation. A draft report would to be presented to Senior Management with a summary of the findings and whether the two tests of ‘repeat’ and ‘unreasonable’ have been met and any recommendations, if any, for further action including disciplinary action that could lead to termination of employment. The Respondent is entitled to a copy of the report and give feedback on it.

The company would write to the Respondent outlining their ‘Preliminary Outcome’ or decision about the investigation findings. The Respondent should be given one final opportunity to comment and present views before the company finalises a Final Decision on what action, if any, is taken including dismissing the allegation or taking disciplinary action that could involve termination of employment.

Handling bullying complaints requires care, clarity, and a commitment to fair process. Whether concerns are resolved informally or escalate to a formal investigation, employers must ensure all parties are treated with respect and given the opportunity to be heard. By following a consistent and transparent approach, organisations not only meet their legal obligations, they also help create a safer, more respectful workplace for everyone.

If you need support or HR advice, we’re here to help, get in touch at hradvice@cecc.org.nz.