Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Running a business in Australia isn’t just about delivering great products and services. It’s also about creating a safe, respectful workplace where people feel comfortable speaking up when something’s not right.
At some point, every employer will need to deal with a workplace complaint. Some are minor and can be resolved quickly. Others are serious and require a formal response. Knowing what a “grievance” means in an employment context-and having a clear, fair way to handle grievances-helps you protect your team, reduce risk and build trust.
In this guide, we unpack the meaning of grievance for Australian workplaces, outline a practical process for handling complaints, explain the laws that apply, and walk through what to include in a grievance policy (plus the supporting documents you’ll likely need). If you’re aiming to foster a healthy culture and stay compliant, this is your starting point.
What Does “Grievance” Mean In Australian Workplaces?
In a workplace context, a grievance is a complaint or concern raised by an employee about work-related matters. It may relate to treatment by others, management decisions, pay or entitlements, workplace safety, discrimination, or other issues that affect someone at work.
Two useful definitions:
- Grievance: A complaint raised by an employee (often in writing, but sometimes verbal) about their work, workplace conditions, rights or treatment.
- Grievance procedure: Your documented process for receiving, assessing, investigating and resolving workplace complaints.
Most grievance frameworks are designed for employees. Contractors and volunteers aren’t covered by the Fair Work system in the same way as employees, so their complaint pathways are usually set out in their contract or a separate policy. You can still accept and address concerns from contractors, but don’t assume the same legal framework applies.
Having a clear grievance procedure gives people a fair channel to raise concerns and helps you respond consistently and lawfully. It’s a key part of a safe, respectful workplace.
Why Do Grievance Procedures Matter For Employers?
A well-drafted grievance procedure is practical risk management. It also signals your commitment to a respectful culture. Here’s why it matters.
- Work health and safety (WHS) duties: As a person conducting a business or undertaking (PCBU), you must ensure, so far as is reasonably practicable, the health and safety of workers. Poorly handled bullying, violence or psychosocial hazard complaints can create WHS risks. A structured process supports your duty of care.
- Fair process and natural justice: When issues arise, a transparent, unbiased process helps you reach sound decisions and reduces the risk of disputes.
- Culture and retention: People stay longer and perform better when they feel heard. Clear policies build trust.
- Dispute prevention: Early, fair resolution can prevent escalation to the Fair Work Commission, human rights bodies or courts.
- Documentation: If matters escalate, your records of what was raised and how you responded are crucial.
In short, good procedures reduce legal and reputational risk while lifting morale and productivity.
Common Types Of Workplace Grievances
Grievances can be informal or formal, minor or serious. Typical categories include:
- Interpersonal conduct: Bullying, harassment, incivility, or conflict between coworkers.
- Management actions: Concerns about performance management, disciplinary action, promotions, rostering or workload.
- Pay and entitlements: Disputes about wages, overtime, leave or deductions. Payment issues often intersect with award or agreement obligations and may become broader disputes if not resolved promptly.
- Workplace safety and conditions: Complaints about hazards, unsafe systems of work, or inadequate facilities or equipment.
- Discrimination and sexual harassment: Alleged breaches of anti-discrimination laws or sexual harassment laws (including conduct from customers or third parties).
- Policy or contract breaches: Allegations that the business isn’t following its own policies, contracts or enterprise instruments.
Not every issue needs a formal investigation. Some concerns can be resolved quickly with a conversation. But when the complaint is serious, relates to legal obligations, or the employee requests formal action, follow your grievance procedure.
How To Handle A Workplace Grievance (Step-By-Step)
Every business should tailor its process to size and risk profile, but the core steps are similar. Keep it timely, fair and well-documented.
Step 1: Acknowledge And Triage
Thank the employee for raising the issue and acknowledge receipt in writing. Clarify whether they want the matter handled informally (e.g. manager-facilitated discussion) or formally (investigation and outcome). If there are immediate safety risks, act straight away to control them.
Step 2: Clarify The Details And Record
Ask for a written account where possible. If the complaint is verbal, take careful notes and confirm your understanding back to the employee. Identify the people involved, dates, witnesses, relevant documents and the outcome the employee is seeking.
Step 3: Plan The Process
Decide who will handle the matter (manager, HR, or an external investigator for complex or sensitive issues). Map out the steps, timeline and communication plan. Consider interim measures-such as temporary reporting line changes or suspension pending investigation-if needed to ensure safety and fairness.
Step 4: Investigate Fairly
Interview the complainant, respondent and relevant witnesses. Gather documents and other evidence. Respect procedural fairness: put key allegations to the respondent, allow them to respond, and keep an open mind. Maintain confidentiality as far as possible.
Step 5: Make Findings And Decide Outcomes
Assess the evidence and decide whether the complaint is substantiated (in whole or part) or not substantiated. Document your reasoning. Outcomes might include mediation, training, coaching, a shift in duties or supervision, or disciplinary steps (for example, a warning supported by appropriate documentation like show cause letters and outcome letters).
Step 6: Communicate The Outcome
Inform the complainant and respondent of the outcome as appropriate. Share enough information to demonstrate that the matter was handled properly, while protecting privacy. Confirm any actions and timelines in writing.
Step 7: Review And Improve
Reflect on any systemic issues the grievance revealed. Do policies need updating? Do managers need more training? Build these learnings into your ongoing compliance program and people strategy.
Throughout, keep your records organised-notes, letters, evidence, findings and decisions. Clear records are invaluable if a dispute later arises.
What Laws Apply To Workplace Grievances In Australia?
There’s no single “Grievance Act”, but multiple laws shape how you should prevent and respond to workplace complaints.
- Work Health and Safety (WHS) laws: You must, so far as reasonably practicable, provide a safe workplace. This includes managing psychosocial hazards such as bullying, sexual harassment and occupational violence. A robust grievance process supports these obligations.
- Fair Work Act 2009 (Cth): Sets minimum entitlements (via the National Employment Standards), protections against unfair dismissal, and general protections (adverse action) rights. Awards and enterprise agreements may also include dispute resolution clauses you must follow.
- Anti-discrimination and sexual harassment laws: Federal and state laws prohibit discrimination, harassment and victimisation. Recent reforms impose a positive duty on employers to take reasonable and proportionate measures to eliminate unlawful sex discrimination and sexual harassment. Having up-to-date policies and training is essential, alongside practical response procedures for harassment and discrimination claims.
- Privacy and confidentiality: Handling grievance information requires careful attention to confidentiality and (where applicable) privacy obligations when you collect, store and disclose personal information.
If your workforce is covered by an award or enterprise agreement, check any dispute resolution or consultation obligations alongside your policy. Where complaints escalate externally, you may deal with the Fair Work Commission, state anti-discrimination tribunals or the Australian Human Rights Commission.
What To Include In Your Grievance Policy And Supporting Documents
Every employer-regardless of size-should have a written grievance policy. You can publish it as a stand-alone policy or house it within a broader Staff Handbook. Keep it clear, accessible and aligned with your WHS and conduct frameworks.
Core Elements Of A Grievance Policy
- Purpose and scope: Why the policy exists, who it applies to and how it interacts with other policies (e.g. anti-bullying, WHS, discrimination).
- Definitions: What a grievance is, and the difference between informal and formal complaints.
- How to raise a grievance: Who to contact, preferred formats, and what information to include.
- Process overview: Clear steps from acknowledgement to resolution (including timeframes, investigation principles and decision-making).
- Roles and responsibilities: Expectations of employees, managers, HR and any investigators.
- Natural justice and confidentiality: Commitments to fairness, impartiality and privacy.
- Protection from victimisation: Statement that raising a grievance in good faith will not result in adverse treatment.
- Review pathways: How a decision can be reviewed internally and the external bodies a worker may contact if unresolved.
Supporting Workplace Policies
Your grievance procedure should connect seamlessly with other key policies. Typical companions include:
- Code of Conduct: Sets behavioural expectations and standards of respect.
- Anti-bullying, Discrimination and Sexual Harassment Policy: Defines unacceptable conduct and reporting options, with reference to your WHS approach to psychosocial hazards.
- Work Health and Safety Policy: Explains how hazards are reported and managed.
- Performance and Discipline Procedure: Aligns with your grievance process so outcomes are consistent and fair.
Employment Contracts And Templates
Make sure your employment agreements signpost your workplace policies and confirm employees are required to comply with them. This helps you set expectations and manage issues consistently from day one. If you’re updating agreements, it’s a good time to review your Employment Contract terms, too.
It’s also helpful to have practical templates on hand-acknowledgement letters, investigation plans, interview scripts, outcome letters and training materials. These tools speed up your response and keep it consistent.
Rolling Out Your Policy: Practical Tips
- Make it easy to find: Share during onboarding, store it in a central hub and remind staff where it lives.
- Train managers: Equip leaders to receive complaints calmly, avoid promises they can’t keep, and escalate appropriately. Periodic refreshers help.
- Set expectations early: Integrate policy sign-off into onboarding and refresh annually.
- Match policy to practice: If your real-world process differs from your policy, update the policy or fix the practice. Consistency matters.
- Review annually: Laws and best practice evolve. Schedule regular reviews and training updates with support from your workplace policy advisors.
When A Grievance Is Serious Or Complex
Complex complaints (e.g. multiple respondents, safety risks, or senior leaders involved) may require an external investigator. Consider interim controls to manage risks, which may include modified duties or, in appropriate cases, short-term suspension while you investigate. Keep your approach consistent with your policy and any applicable industrial instrument. If termination is contemplated, ensure your process and documentation are thorough and proportionate; using structured documents like show cause letters is a common part of procedural fairness.
Key Takeaways
- A grievance is a workplace complaint raised by an employee about their work, rights, treatment or conditions. Contractors typically follow complaint pathways set out in their contracts rather than the employee grievance framework.
- A fair, timely grievance procedure supports your WHS duties, reduces legal risk, and strengthens culture by giving people confidence to speak up.
- Common grievances relate to conduct, management actions, pay and entitlements, safety, discrimination and sexual harassment-handle each promptly, fairly and with good records.
- Relevant laws include WHS legislation, the Fair Work Act (minimum entitlements, unfair dismissal and general protections), and anti‑discrimination and sexual harassment laws, supported by clear policies and training.
- Your policy should define grievances, set out a step‑by‑step process, protect confidentiality and natural justice, and connect with policies like your Code of Conduct and anti‑bullying/harassment framework.
- Support your procedure with strong documentation-employment agreements that reference policies, a Staff Handbook, and practical templates-so responses are consistent and defensible.
If you’d like a consultation on implementing or updating your workplace grievance policy and supporting documents, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








