How to Handle a Staff Complaint in Hospitality (Step-by-Step) (2026)

Just received a staff complaint?

What you do in the next few hours matters. Saying the wrong thing, delaying action, or handling it informally can create legal exposure — even if the complaint turns out to be unfounded.

Get the Right First Step →

What to Do in the Next 60 Minutes

Acknowledge the complaint in writing — immediately. A text or email is sufficient. This creates a timestamped record that you received it.
Do not make any findings or promises yet. Don’t tell the complainant it will be “sorted out” or that the other person will be “dealt with.”
Separate the parties if there is any tension or safety risk. You don’t need a finding to justify this — the duty to manage risk applies immediately.
Write down exactly what was reported while it’s fresh. Date, time, who said what, in what words. Memory fades quickly and the document you create now will matter later.
Do not discuss the complaint with others in the team. Confidentiality is both a legal obligation and a practical necessity for a fair investigation.

This stabilises the situation before you move into a full investigation process.

When a staff complaint is made in Australian hospitality, you have positive legal duties under the Fair Work Act 2009 (Cth) and applicable Work Health and Safety legislation to take it seriously, investigate it, and respond. Ignoring a complaint — even one you believe is unfounded — is itself a potential breach. The type of complaint determines the applicable framework, but the core process is the same.

Last reviewed against Fair Work Ombudsman guidance — April 2026

Quick Answer — The Core Process

1. Acknowledge the complaint immediately and in writing
2. Assess whether interim safety measures are needed (separate staff)
3. Investigate — speak to all parties separately and document everything
4. Reach a finding — substantiated, unsubstantiated, or inconclusive
5. Take proportionate action based on the finding
6. Follow up and monitor for retaliation

Do not ignore. Do not delay. Failing to act is itself a legal risk.

Types of Complaints — and What Framework Applies

The correct process depends on the nature of the complaint. Most hospitality complaints fall into one of these categories:

Harassment or bullying — triggers WHS obligations and potentially Fair Work anti-bullying jurisdiction. See our dedicated guide on handling workplace bullying complaints in hospitality.
Sexual harassment — triggers the positive duty under the Sex Discrimination Act 1984 (Cth) to take all reasonable steps to prevent it. Requires formal investigation. Can also be referred to the Australian Human Rights Commission.
Discrimination — complaints relating to race, sex, age, disability, or other protected attributes are covered by state and federal anti-discrimination legislation.
Unfair treatment or favouritism — while not always covered by specific legislation, a general protections claim can arise if the treatment is connected to a workplace right or protected characteristic.
Interpersonal conflict — not always a legal issue, but still requires a managed response to prevent escalation into something that is.

Real risk scenario: A venue receives a complaint about inappropriate behaviour between two staff members. Management delays action for a week due to staffing pressure and an upcoming weekend service. The situation escalates. The complainant resigns. A general protections claim is lodged — based on how the complaint was handled, not just the original conduct. The delay itself became the liability.

The Step-by-Step Process

Acknowledge the complaint in writing — the same day

Thank the person for raising it. Confirm it will be taken seriously and investigated. Advise them when they can expect an update. Put this in writing — a text or email is sufficient. This creates a record that the complaint was received and acknowledged on the date.

Assess immediate safety risks and take interim measures

If the complainant and the person complained about work directly together, adjust rosters or sections temporarily. You do not need to make a finding before separating staff — the duty to manage risk arises as soon as the complaint is made. Document the interim measures and the reason for them.

Not sure what to say or document at this stage?

Fitz HR guides you through exactly what to say, what to write, and how to document each step — so the investigation holds up if it escalates.

Get Guidance Now →

Investigate — speak to all parties separately and document everything

Speak to the complainant first to understand the full allegations. Then speak to the respondent — give them the specific allegations and a genuine opportunity to respond. Speak to witnesses separately. Document every conversation with date, time, and key points. Do not share what one party said with the other during the investigation.

Reach a finding — substantiated, unsubstantiated, or inconclusive

Based on the investigation, make a finding. Substantiated: the conduct occurred. Unsubstantiated: insufficient evidence to conclude it occurred. Inconclusive: conflicting accounts with no supporting evidence either way. Document the finding and the reasoning. Notify both parties of the outcome (without sharing confidential details of the other’s account).

Take proportionate action

If substantiated: action must be proportionate to the severity — from a formal warning through to termination for serious conduct. If unsubstantiated: no action against the respondent, but note the concern on file. If inconclusive: consider mediation, policy clarification, or monitoring. All outcomes should be documented. See our guide on managing conduct and performance in hospitality.

Follow up and monitor for retaliation

Check in with the complainant after 2–4 weeks. Confirm the situation has improved. Monitor for any retaliation — reduced hours, changed rosters, hostile treatment — by the respondent or others. Retaliation against someone who raised a complaint is adverse action under the Fair Work Act 2009 (Cth) and is itself a separate legal breach.

What Not to Do

Don’t dismiss it as “just workplace drama.” Even interpersonal conflict that seems minor can escalate into a formal claim. Treating every complaint seriously and documenting your response protects you regardless of the outcome.

Don’t tell the respondent about the complaint before you’ve spoken to the complainant. This creates a witness-coaching risk, compromises the investigation, and can make the situation significantly worse before it gets better.

Don’t retaliate against the person who complained. Even if the complaint is unsubstantiated, reducing hours, changing rosters, or treating the complainant negatively constitutes adverse action. The right to complain is a workplace right under the Act.

Don’t delay the investigation. WHS obligations require timely action. An investigation that drags on for weeks without interim measures leaves the complainant in an ongoing risk situation — which is itself a breach, independent of the original complaint.

Where Most Employers Get This Wrong

Trying to resolve it informally without documenting anything. An undocumented resolution provides no protection if the matter is later escalated or disputed.
Telling the respondent about the complaint before speaking to the complainant. This creates a witness-coaching risk and can compromise the entire investigation.
Delaying action because the venue is busy. WHS obligations require timely action. A delay that leaves the complainant in ongoing contact with the respondent is itself a breach.
Minimising the complaint as “just workplace drama.” Even interpersonal conflict that seems minor can escalate into a formal claim if not managed with a documented process.
Failing to follow up for retaliation after the process ends. A complainant who faces reduced hours or hostility after raising a concern has a separate adverse action claim, independent of the original complaint.

Most claims don’t come from the complaint itself — they come from how it was handled.

Frequently Asked Questions

How do I handle a staff complaint in hospitality?

Acknowledge it in writing the same day, assess immediate safety risks, investigate all parties separately, make a finding, take proportionate action, and follow up. Under the Fair Work Act 2009 (Cth) and WHS legislation, you have positive duties to respond. Failing to investigate is itself a potential breach — regardless of whether the complaint is substantiated.

Do I have to investigate a complaint even if I think it’s not serious?

Yes — your positive duty to manage psychosocial hazards and workplace rights requires a documented response to all complaints. An investigation that concludes the complaint was unsubstantiated is still a proper investigation. The documentation of your response protects you far better than no response at all.

What is the difference between a bullying complaint and a general staff complaint?

Bullying involves repeated unreasonable behaviour that creates a health and safety risk — it triggers specific WHS and Fair Work anti-bullying jurisdiction. A general staff complaint can cover any workplace grievance — unfair treatment, discrimination, conflict, or interpersonal issues — and may or may not trigger specific legislation depending on the nature of the conduct. Both require a formal response and documentation.

Can I be held liable if I don’t investigate a staff complaint?

Yes — particularly under WHS legislation, which imposes a positive duty to manage psychosocial hazards. Failure to investigate can itself constitute a breach, independent of whether the underlying conduct occurred. Under sex discrimination law, the positive duty requires taking all reasonable steps to prevent sexual harassment — which includes having a process for responding to complaints when they arise.

What should I do if both employees involved in a complaint still need to work together?

Take interim measures immediately — adjust sections, rosters, or shifts to separate the parties during the investigation. You do not need to have made a finding before doing this. The duty to manage risk applies as soon as the complaint is received. Document the interim measures and the reason for them. If both are needed on the same shift, consider whether a brief separation is operationally possible while the matter is resolved.

Staff complaints that are handled promptly, documented thoroughly, and resolved proportionately rarely become expensive. The ones that become expensive are the ones that were dismissed, delayed, or handled without any written record.

This Is Where Complaints Turn Into Claims

How you respond in the next few hours determines whether this stays manageable or becomes a Fair Work matter. Fitz HR gives you the right process immediately — before a mistake is made.

Handle This Correctly From the Start →