How to Handle a Workplace Bullying Complaint in Hospitality
Workplace bullying is a serious issue in hospitality, where high-pressure environments, long hours, and hierarchical kitchen structures can create conditions for harmful behaviour. As a venue operator, you have legal obligations to prevent and respond to bullying under both the Fair Work Act 2009 and Work Health and Safety (WHS) legislation.
In 2025, NSW introduced new reforms allowing the Industrial Relations Commission to award damages of up to $100,000 for substantiated bullying claims, with penalties of up to $93,900 for employers who breach stop-bullying orders.
What Counts as Workplace Bullying?
Under the Fair Work Act, workplace bullying is repeated unreasonable behaviour directed towards a worker that creates a risk to health and safety. This includes verbal abuse or intimidation, excluding someone from work activities, spreading rumours or gossip, assigning unreasonable workloads as punishment, and undermining someone's work or authority. Reasonable management action carried out in a reasonable way is not bullying. This includes performance management, directing work, and enforcing policies.
What to Do When You Receive a Complaint
Step 1: Take it seriously. Do not dismiss the complaint. Thank the person for raising it and assure them it will be addressed.
Step 2: Document everything. Record the date the complaint was received, who made it, the specific allegations, and any witnesses identified.
Step 3: Assess the risk. If there is an immediate safety risk, take interim measures such as separating the parties or adjusting rosters.
Step 4: Investigate. Speak to the complainant, the respondent, and any witnesses separately. Give the respondent an opportunity to respond to the allegations. Keep detailed notes of every conversation.
Step 5: Take action. Based on the investigation findings, take appropriate action. This may range from mediation and coaching to formal warnings or termination depending on the severity.
Step 6: Follow up. Check in with the complainant to ensure the behaviour has stopped and there is no retaliation. Review your workplace policies and training.
How Fitz HR Helps
Fitz HR provides step-by-step guidance for managing bullying complaints, generates the required documentation, and can connect you with a qualified HR professional through Crisis Mode for complex situations.
Frequently Asked Questions
How do I handle a workplace bullying complaint in hospitality?
Take the complaint seriously, document everything, assess immediate safety risks, investigate by speaking to all parties separately, take appropriate action based on findings, and follow up to ensure the behaviour has stopped. Under WHS laws, employers have a duty to manage psychosocial hazards including bullying.
What are the penalties for workplace bullying in Australia?
Under NSW reforms effective October 2025, employers can face penalties of up to $93,900 for breaching stop-bullying orders, and victims can claim up to $100,000 in damages. Under WHS laws, corporations can face fines up to $10,850,000 for failing to manage psychosocial hazards.
Is yelling at staff considered workplace bullying?
Repeated verbal abuse or intimidation directed at a worker that creates a risk to health and safety can constitute workplace bullying under the Fair Work Act. A single instance of raising your voice is unlikely to meet the threshold, but repeated behaviour can. Reasonable management action delivered in a reasonable manner is not bullying.
Handle Bullying Complaints Correctly
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