Questions Arising from Workplace Investigations

Q1. If a bullying claim is withdrawn or found to be falsely accused, can the employer undertake an investigation on whether the accused was unfairly treated or victimised by the accuser or must the accuser first raise a grievance action?

A false accusation will be a potential disciplinary issue. The employer's policy will ideally specify that such accusations or vexatious or frivolous accusations will be addressed as appropriate under the disciplinary policy. It may therefore not be necessary for the person accused to raise a grievance, although that may indeed also occur, for example, that the employer has not taken appropriate action or otherwise acted unfairly.


Q2. If employee admits to