Do internal HR investigations sometimes make workplace bullying situations worse instead of better?

Workplace bullying rarely begins as a major legal dispute. In most cases, it starts with discomfort, confusion, or distress that a worker hopes will be resolved quickly and quietly. Yet far too often, what begins as a manageable issue escalates into prolonged conflict, psychological injury, and formal claims before tribunals, regulators, or courts.

A recurring question in employment and human rights advocacy is whether poorly handled internal investigations—particularly by HR or management—are a key reason why bullying complaints spiral instead of being resolved early.

At MYUNION, we see this pattern repeatedly. The issue is not usually a lack of policies or training. It is a failure to apply fundamental principles of procedural fairness, competence, and care at the very first complaint stage.

The purpose of an investigation is prevention, not defence

Internal workplace investigations are often treated as a defensive exercise. Too frequently, the unspoken goal is to minimise organisational risk rather than to identify and address harm.

This mindset creates immediate problems. When a worker raises a bullying concern, they are often already under strain. If their first interaction with HR feels dismissive, delayed, or adversarial, trust erodes rapidly. At that point, the investigation process itself becomes another source of harm.

A competent investigation should aim to:• understand what is occurring• assess risk to health and safety• stop harmful conduct• restore a safe working environment

When these objectives are lost, escalation becomes far more likely.

Common investigation failures that drive escalation

While no two matters are identical, certain investigation failures appear consistently across bullying cases that later involve psychological injury claims.

Poor issue identification

Many investigations fail at the very first step: defining what is actually being investigated. Complaints are reframed as “communication issues” or “personality clashes” rather than assessed against bullying definitions and health and safety risks.

When the scope is wrong, the outcome will be too.

Delays that compound harm

Delay is one of the most damaging aspects of flawed investigations. Workers are often left in the same environment, reporting to the same manager, while an investigation drags on for weeks or months.

During this time:

• stress intensifies and symptoms worsen

• relationships deteriorate

• trust in the employer collapses

From a health and safety perspective, delay is not neutral. It is an active risk.

Lack of procedural fairness

Procedural fairness protects all parties, yet it is frequently misunderstood or inconsistently applied.

Examples include:

• failing to properly inform parties of allegations

• selective evidence gathering• predetermined outcomes

• inconsistent treatment of witnesses

• reliance on hearsay or informal impressions

When workers perceive the process as unfair, they disengage from internal resolution and seek external avenues.

Minimisation of harm

Bullying is often minimised because it does not fit a dramatic stereotype. Ongoing undermining, exclusion, micromanagement, or humiliating conduct may be dismissed as “robust management” without proper analysis of frequency, power imbalance, and impact.

This minimisation sends a clear message to the affected worker: your experience does not matter.

The link between poor investigations and psychological injury

Psychological injury claims rarely arise solely from the original conduct. More often, the injury develops or worsens because the worker feels trapped in a system that fails to protect them.

Contributing factors commonly include:

• being required to continue working under the alleged bully

• repeated retelling of events without resolution• perceived retaliation after complaining

• isolation and loss of professional identity

• fear of job loss or career damage

In many cases, the investigation process becomes the tipping point between distress and diagnosable injury.

What HR and management should be doing differently

Why early intervention matters

Well-handled early intervention can prevent most bullying complaints from escalating.

This does not mean rushing to discipline or termination.

It means:

• taking complaints seriously from the outset

• conducting a proper risk assessment

• implementing interim measures to protect health• communicating clearly and respectfully

• ensuring investigators are trained and independent

When workers feel heard and protected early, they are far less likely to disengage, deteriorate, or pursue external claims.

What HR and management should be doing differently

To reduce escalation and harm, organisations must move beyond compliance-based investigations and adopt a capability-based approach.

Key improvements include:

• proper investigator training (not just policy knowledge)

• clear separation between HR advisory and investigation roles

• trauma-informed interviewing practices

• timely decision-making with documented reasoning

• recognition of bullying as a WHS issue, not just conduct management

Most importantly, organisations must recognise that how an investigation is conducted can be just as important as its outcome.

This is not about blame — it is about systems

Criticism of investigation failures is not an attack on individual HR practitioners. Many are under-resourced, unsupported, or placed in conflicted roles where neutrality is impossible.

The real issue is systemic:

• investigations treated as administrative tasks

• insufficient training and independence

• organisational defensiveness

• lack of accountability for flawed processes

Until these issues are addressed, bullying complaints will continue to escalate unnecessarily.

Where workers fit into this picture

For workers experiencing bullying, it is important to understand that escalation is not a personal failure. When internal systems fail, seeking external support is often the only way to protect health and dignity.

Early advice, documentation, and advocacy can make a critical difference — not to inflame conflict, but to ensure fair process and safety.

A better path forward

Workplace bullying does not have to end in psychological injury, resignation, or litigation. In most cases, escalation is preventable.

Competent investigations:• reduce harm• protect all parties• strengthen workplace culture• and ultimately reduce legal risk

At MYUNION, we advocate for systems that prioritise people, not just process. When investigations are done properly, everyone benefits.