How to handle a workplace complaint
Workplace complaints are inevitable. How you handle them determines whether they become a learning opportunity or a legal nightmare. Done well, they build trust and improve culture. Done poorly, they expose you to serious legal risk under Fair Work and anti-discrimination laws.
Written by
Steve Harris
General information only – not legal advice
This guide provides general information about handling workplace complaints in Australia and Fair Work compliance. It does not constitute legal, HR, or professional advice and should not be relied on as a substitute for advice specific to your business, workforce, or circumstances.
What is a workplace complaint?
A workplace complaint (also called a grievance) is when an employee raises a concern about their treatment at work. This might include complaints about bullying, harassment, discrimination, unfair treatment, breach of policy, or workplace conditions. Complaints can be informal (raised verbally) or formal (submitted in writing using a grievance form).
According to Fair Work Australia, problems can usually be fixed quickly when employees and employers talk to each other. However, employers must have processes in place to handle complaints fairly when they arise. The Australian Human Rights Commission states that employers need to demonstrate they took reasonable precautions to prevent discrimination and harassment, which includes having an effective complaint process with proper investigation procedures and documentation.
Sample workplace complaint form
Here's what a typical formal workplace complaint looks like with the key sections highlighted. Download our free grievance form template to use in your business.
A formal workplace complaint form typically includes:
- Your details — Name, position, department
- Nature — Type of complaint (bullying, discrimination, etc.)
- Details — Who, what, when, where, witnesses
- Evidence — Supporting documentation
- Resolution — What outcome you are seeking
Complainant and employer perspectives
Handling a workplace complaint involves different considerations depending on your role.
For employees (complainant)
If you need to raise a complaint about your treatment at work, follow these principles:
For managers/employers
When you receive a complaint, you have legal and ethical obligations to handle it properly:
Key principle for both: promptness and documentation
Whether you are making a complaint or responding to one, act promptly and document everything in secure HR records. This creates a clear paper trail and demonstrates you took the matter seriously. Delays and poor documentation are the two most common failures in complaint handling that lead to Fair Work claims.
Complaint handling checklist
Complete these items to ensure you handle the complaint fairly and comply with Fair Work and privacy legislation requirements.
Complaint received and acknowledged
EssentialWritten acknowledgment sent within 24-48 hours
Grievance policy provided
EssentialComplainant given copy of procedure
Investigator appointed
EssentialAppropriate person assigned with no conflicts
Complainant statement obtained
EssentialDetailed written account of allegations
Respondent notified
EssentialPerson complained about informed and given right to respond
Witnesses interviewed
All relevant parties spoken to confidentially
Evidence collected
EssentialDocumentary evidence gathered and secured
Investigation documented
EssentialAll steps and findings recorded in detail
Decision made and communicated
EssentialWritten outcome provided to both parties
Follow-up scheduled
EssentialCheck-in arranged to monitor situation
Three ways to manage workplace complaints
Each method has trade-offs. Here's how they compare for Fair Work compliance and audit readiness.
Manual process
Paper forms, physical files, and email. High risk of lost documentation and missed deadlines.
Best for: Micro businesses only (1-3 staff)
Pre-made complaint forms and investigation templates. Better structure but still manual tracking.
Best for: Small teams getting started
Secure case management, automated reminders, and complete audit trails. Protects your business from Fair Work claims.
Best for: Any business with employees (5+)
How to handle a workplace complaint
Follow these 6 steps to investigate, resolve, and document complaints fairly and legally with Fair Work compliance.
Acknowledge the complaint promptly
Respond quickly to show you take the matter seriously. Acknowledge receipt within 24-48 hours and clarify whether it is an informal concern or formal grievance.
Key actions:
- Thank the employee for raising the issue
- Ask clarifying questions to understand the nature of the complaint
- Confirm if they want to proceed with a formal complaint or informal resolution
- Provide a copy of your grievance policy if this is a formal complaint
Follow your complaint procedure
Strictly adhere to your established grievance policy to ensure fairness, consistency, and legal compliance.
Key actions:
- Review your written complaint or grievance policy
- Ensure the right person is handling the complaint (may need to escalate)
- Check if any conflicts of interest exist
- Follow the timeframes specified in your policy
Investigate thoroughly and impartially
Gather all relevant facts from all parties involved. Conduct interviews confidentially and document everything using a structured investigation process.
Key actions:
- Interview the complainant and obtain a written statement
- Notify the respondent of the allegations and their right to respond
- Interview any witnesses or relevant parties
- Collect documentary evidence (emails, messages, timesheets, etc.)
- Follow our workplace investigation guide for detailed procedures
Maintain confidentiality
Only share information with those who need to know. Protecting privacy builds trust and meets legal obligations under the Privacy Act 1988.
Key actions:
- Advise all parties that the matter is confidential
- Store documents securely in digital HR records with role-based access
- Do not discuss the complaint with uninvolved staff
- Be mindful of your obligations under privacy legislation
Make a decision and take action
Based on the evidence, determine if the complaint is substantiated and what action is appropriate. Apply principles of procedural fairness and natural justice.
Key actions:
- Assess all evidence objectively
- Determine on the balance of probabilities if the complaint is substantiated
- Consider appropriate corrective actions (counselling, warning, training, mediation, termination)
- Document your decision-making process and reasons in secure HR records
Communicate outcome and follow up
Inform both parties of the outcome in writing and ensure no retaliation occurs. Monitor the workplace to prevent recurrence.
Key actions:
- Provide a written response to the complainant outlining the outcome
- Inform the respondent of any actions taken
- Follow up to ensure the complainant is satisfied and no retaliation or victimisation occurs
- Consider preventative measures (training, policy updates)
Complaint handling best practices
Follow these principles from the Australian Human Rights Commission for effective complaint processes that comply with Fair Work and anti-discrimination laws.
Act promptly
Respond to complaints quickly. Delays suggest you do not take them seriously.
Stay objective
Approach every complaint with an open mind. Do not prejudge the outcome.
Document everything
Keep detailed notes of all conversations, decisions, and actions taken.
Maintain confidentiality
Only share information with those who need to know to protect privacy.
Follow your policy
Adhere strictly to your written procedures for fairness and consistency.
Prevent retaliation
Monitor the workplace and ensure no negative treatment for raising concerns.
Good complaint process characteristics (AHRC)
The Australian Human Rights Commission defines a good internal complaint process as:
Manage complaints with RosterElf HR hub
Protect your business with proper documentation, secure case management, and Fair Work compliance built-in.
Secure case management
Track every complaint with secure, confidential case files and role-based access control. Store all evidence in digital HR records for audit readiness.
Automated deadline tracking
Never miss a response deadline with automated reminders and escalation alerts that ensure Fair Work compliance.
Complete audit trail
Every action is logged with timestamps and user details for legal protection if the complaint escalates to Fair Work or human rights commission.
Centralised documentation
All statements, evidence, and correspondence stored securely in one location with 7-year retention for Fair Work compliance.
No credit card required
Feature comparison
See exactly how each complaint management method stacks up across key features for Fair Work compliance and audit readiness.
Initial acknowledgment
Documentation
Investigation tracking
Evidence storage
Deadline reminders
Confidentiality
Audit trail
Compliance
| Feature | Manual | Templates | HR software |
|---|---|---|---|
| Initial acknowledgment | Verbal only | Email template | Automated response |
| Documentation | Paper files | Word documents | Centralised records |
| Investigation tracking | Manual notes | Spreadsheet | Case management |
| Evidence storage | Filing cabinet | Shared drive | Secure digital vault |
| Deadline reminders | Calendar only | Manual | Automated alerts |
| Confidentiality | Physical security | Better | Role-based access |
| Audit trail | None | Limited | Complete history |
| Compliance | Manual checks | Semi-manual | Built-in safeguards |
Common complaint handling mistakes
These mistakes expose your business to Fair Work claims, anti-discrimination penalties, and damage workplace trust.
Delaying your response or hoping it will go away
Consequence: The issue escalates, trust erodes, and you risk legal claims for failing to address the complaint
Solution: Acknowledge all complaints within 24-48 hours and follow your established formal grievance form
Not investigating properly or only hearing one side
Consequence: Unfair outcomes, potential legal liability under Fair Work laws, and damage to your reputation as an employer
Solution: Conduct a thorough impartial investigation following the principles in our workplace investigation guide
Failing to maintain confidentiality
Consequence: Breach of privacy obligations under the Privacy Act 1988, damaged trust, and potential defamation claims
Solution: Only share information on a need-to-know basis and store records in secure digital hr records
Taking no action when a complaint is substantiated
Consequence: Ongoing issues, increased legal risk under anti-discrimination laws, and damage to workplace culture
Solution: Take appropriate corrective action and document everything using digital hr records
Allowing retaliation against the complainant
Consequence: Serious legal liability, as retaliation (victimisation) is unlawful under discrimination laws and may result in penalties from Fair Work or human rights commissions
Solution: Monitor the situation closely after a complaint and address any investigation guide
Download free complaint handling templates
Get started with our library of free HR templates. Written by HR experts for Australian businesses, ready to customise.
Frequently asked questions about handling workplace complaints
- A concern is typically an informal issue that can be resolved through discussion or mediation. A formal complaint (or grievance) is a written allegation that triggers your organisation's formal grievance procedure. Always clarify which approach the employee wants to take when they raise an issue.
- You should acknowledge receipt of a complaint within 24-48 hours. Your grievance policy should specify timeframes for investigating and resolving complaints, typically 14-21 days depending on complexity. Fair Work Australia expects employers to address workplace problems promptly.
- If you're the subject of the complaint, you should not investigate it yourself. Appoint someone else (another manager, external HR consultant, or workplace investigator) to ensure impartiality. If there's no one else in the business, consider engaging an external investigator.
- Yes, in most cases. Procedural fairness (also called natural justice) requires that the respondent (the person complained about) is informed of the allegations against them and given an opportunity to respond. However, in some serious cases (such as suspected fraud or violence), you may need to suspend the person or conduct preliminary inquiries before notifying them. Seek advice if you're unsure.
- Yes. Employees have the right to bring a support person to complaint and investigation meetings. This is typically a work colleague or union representative. The support person can provide moral support and take notes, but they should not answer questions on behalf of the employee unless you agree otherwise.
Regulatory sources
This guide is aligned with official Australian workplace regulations on handling disputes, complaints, and Fair Work compliance requirements.
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