Workplace Bullying · WHS · Fair Work

How to Handle a Workplace Bullying Complaint in Hospitality

22 Mar 2026 Updated 7 Apr 2026 By Fitz HR 7 min read Legally reviewed — 2026

Workplace bullying is one of the most common — and most mishandled — HR situations in Australian hospitality. High-pressure kitchens, hierarchical structures, and late-night service create conditions where harmful behaviour can normalise quickly. When a complaint lands on your desk, how you respond in the first 24 hours determines whether this stays manageable or escalates into a legal problem.

To handle a workplace bullying complaint in Australia: take it seriously immediately, document all details, assess safety risks, investigate all parties separately, make a formal finding, take proportionate action, and follow up. Failing to investigate — or delaying your response — can itself breach WHS obligations under Australian law.

Last reviewed against Fair Work and WHS guidance — April 2026

Your Legal Obligations

Under the Fair Work Act 2009 (Cth) and applicable Work Health and Safety (WHS) legislation, employers have a positive duty to prevent and respond to workplace bullying. Ignoring a complaint — even one you think is unfounded — is itself a potential breach. You must investigate. You must document. You must act.

Quick Answer

Take it seriously immediately → document everything → separate staff if needed → investigate all parties → make a finding → take proportionate action → follow up.

Do not ignore or delay — failing to act is itself a legal risk under WHS legislation.

What Counts as Workplace Bullying?

Under the Fair Work Act 2009 (Cth), workplace bullying is defined as repeated unreasonable behaviour directed towards a worker or group of workers that creates a risk to health and safety. Two elements must both be present: the behaviour must be repeated, and it must be unreasonable.

Is Bullying
  • Repeated verbal abuse or intimidation
  • Excluding someone from work activities
  • Spreading rumours or gossip
  • Assigning unreasonable workloads as punishment
  • Undermining someone's work or authority
  • Threatening or humiliating someone in front of others
Is NOT Bullying
  • Directing work or setting expectations
  • Conducting performance reviews
  • Issuing formal warnings
  • Enforcing policies or standards
  • Rostering decisions made for operational reasons
  • A single incident of poor conduct (no repetition)
The Key Distinction

Reasonable management action carried out in a reasonable manner is specifically excluded from the legal definition of bullying under the Fair Work Act 2009 (Cth). Both elements matter: the action must be reasonable, and the manner must also be reasonable. A legitimate warning issued through shouting and humiliation can still constitute bullying — even if the underlying action was justified.

What to Do in the First 24 Hours

How you respond in the first 24 hours is the most important factor in whether this situation stays contained. These are the mistakes that turn a manageable complaint into an expensive one.

1
Take it seriously — immediately

Do not dismiss the complaint. Do not say "that's just how kitchens work." Thank the person for raising it, confirm it will be addressed, and tell them when they can expect an update. This initial response is documented and can be used as evidence of your process.

2
Document everything immediately

Write down the date the complaint was received, who made it, the specific allegations they raised, the dates and nature of the alleged incidents, and any witnesses mentioned. Do this within the hour while details are fresh — this contemporaneous record is what you'll rely on if things escalate.

3
Assess and manage immediate safety risks

If there is an immediate risk — particularly if the complainant works directly with the alleged bully — you may need to take interim measures before investigating. This can include adjusting rosters, temporarily changing sections, or standing down the respondent on full pay pending investigation. Do not roster people together while a complaint is active.

4
Investigate properly — speak to all parties separately

Speak to the complainant first to understand the full allegations. Then speak to the respondent — give them a genuine opportunity to respond to the specific allegations. Speak to any witnesses separately. Keep detailed notes of every conversation. Do not share what one person said with another during the investigation.

5
Make a finding and take proportionate action

Based on the investigation, reach a conclusion: substantiated, unsubstantiated, or inconclusive. If substantiated, the response must be proportionate to the severity — mediation and coaching for less serious behaviour, formal warnings or termination for serious or repeated conduct. See our guide on warnings before dismissal.

6
Follow up and monitor

Check in with the complainant after 2–4 weeks to confirm the behaviour has stopped and there is no retaliation. Document this follow-up. Review your workplace policies and consider whether training or a team meeting is appropriate. Retaliation against someone who raised a complaint is a separate and serious breach of the Fair Work Act 2009 (Cth).

Real scenario: A junior chef complains about repeated verbal abuse from a head chef during service. The venue does nothing for two weeks, "seeing if it settles down." The chef resigns and files a general protections claim. The failure wasn't the behaviour — it was the delayed response and the absence of any documentation. A two-week gap with no action is exhibit A for the employee's legal team.

What Not to Do

These are the responses that turn a manageable complaint into an expensive legal problem.

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Don't dismiss it as "just hospitality culture." This response — even if said privately — has appeared in Fair Work proceedings. High-pressure environments don't exempt employers from bullying obligations. The culture argument makes things worse.
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Don't tell the respondent about the complaint before you've spoken to the complainant. Giving the alleged bully a heads-up before the complainant has been heard creates a witness-coaching risk and can compromise the investigation entirely.
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Don't retaliate against the complainant. Reducing hours, changing their roster, or dismissing them after they raise a complaint is adverse action under the Fair Work Act 2009 (Cth) — regardless of whether the complaint was substantiated. See our guide on responding to Fair Work threats.
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Don't rely on verbal warnings or informal chats. If the behaviour is serious enough to warrant a response, the response must be documented. An undocumented "word in the ear" is not a finding and is not a proportionate response if the behaviour escalates.
✗
Don't delay. WHS obligations require timely action. An investigation that drags on for weeks without interim measures leaves the complainant in an ongoing unsafe situation — which is itself a breach, independent of the original complaint.

For related compliance areas, see our guides on warnings before dismissal, responding to Fair Work threats, firing someone on the spot, and the Fair Work compliance checklist for hospitality.

The Penalties for Getting This Wrong

Workplace bullying is not just an HR issue — it is a legal liability with significant financial exposure under multiple frameworks.

Under NSW reforms effective October 2025: Employers can face penalties of up to $93,900 for breaching stop-bullying orders issued by the Industrial Relations Commission. Victims can claim up to $100,000 in damages for substantiated claims. Under WHS legislation, corporations can face fines of up to $10,850,000 for failures to manage psychosocial hazards — and workplace bullying is explicitly a psychosocial hazard.

These penalties are not theoretical. The NSW reforms were specifically driven by the prevalence of bullying in high-pressure workplaces — including hospitality. A substantiated claim that was ignored or poorly handled will attract significantly higher penalties than one that was investigated and addressed.

Frequently Asked Questions

How do I handle a workplace bullying complaint in hospitality?
Take it seriously immediately, document everything, assess safety risks, investigate all parties separately, take proportionate action, and follow up. Under WHS legislation and the Fair Work Act 2009 (Cth), you have a positive duty to manage psychosocial hazards including bullying. Failing to investigate — even an unfounded complaint — can itself be a breach.
What are the penalties for workplace bullying in Australia?
Up to $93,900 for breaching stop-bullying orders, up to $100,000 in victim damages, and up to $10,850,000 under WHS legislation for failing to manage psychosocial hazards. NSW reforms effective October 2025 have significantly increased the exposure for hospitality employers who fail to respond properly to bullying complaints.
Is yelling at staff considered workplace bullying in Australia?
Repeated verbal abuse or intimidation that creates a health and safety risk can be — a single incident usually won't meet the threshold. Under the Fair Work Act 2009 (Cth), bullying requires repeated unreasonable behaviour. However, even a pattern of minor incidents can cumulatively constitute bullying. Reasonable management action carried out in a reasonable manner is excluded — but "reasonable" applies to both the action and the manner.
What is the difference between bullying and reasonable management action?
Reasonable management action — performance reviews, directing work, issuing warnings, enforcing policies — is specifically excluded from the legal definition of bullying. Both the action and the manner must be reasonable. A legitimate formal warning issued through public humiliation can still constitute bullying, even if the underlying performance issue was real. Documentation of your management process is what differentiates one from the other.
Do I have to investigate every workplace bullying complaint?
Yes — failing to investigate is itself a potential WHS breach. Your positive duty to manage psychosocial hazards requires you to take complaints seriously and respond. Document your investigation regardless of the outcome. Even an unfounded complaint, investigated properly and documented fully, protects you far better than an ignored one.

In hospitality, the bullying cases that become expensive are almost never the ones that were investigated promptly and documented properly. They're the ones that were dismissed, delayed, or mishandled in the first 24 hours.

For the broader complaint-handling process, see how to handle a staff complaint when it just lands, procedural fairness, and managing underperformance if the conduct overlaps with performance issues.

How Fitz HR Helps

Fitz HR guides you through the exact steps above in real time — including what to say, how to document it, and what action is legally safe. You get compliant investigation notes, warning letters, and a clear outcome — in minutes, not days. For complex situations, Crisis Mode connects you with a qualified HR professional within the hour.

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