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Investigation mistakes employers can’t afford

Market Insights

This article contains references to suicide and mental health issues, which some readers may find distressing.

If this topic affects you, before reading further please consider seeking support from Lifeline (13 11 14), Beyond Blue (1300 22 4636), or another trusted health professional or support service.


The Coronial findings into the 2021 suicide death of a Good Guys employee are a reminder of what can be at stake in bullying complaints. While finding there was no causal link between the employee’s death and the bullying or its investigation, the Coroner made comments that The Good Guys failed to respond appropriately to the employee’s reports of bullying, conducted an inadequate and biased investigation, and ultimately contributed to the employee’s sense of isolation.

For employers, three learnings from this decision stand out: the need for qualified investigators, the importance of supporting managers, and the critical distinction between intent and impact.

The facts

In 2019, the employee reported bullying by several colleagues that the store manager attempted to handle informally. HR later declined to formally investigate, citing insufficient detail. Over time, the employee’s complaints became intertwined with the employee’s own performance issues and treated as a team dispute, rather than allegations of bullying.

In April 2026, the Victorian Coroner found that The Good Guys failed to conduct a fair and impartial investigation and did not separate performance concerns from the bullying complaints. The findings offer critical lessons for every employer.

1. Investigations require skilled, impartial professionals

When the employee reported bullying, the store manager attempted to investigate informally. The informal conversations, conducted without HR involvement, were well intentioned but procedurally flawed. Further, despite having enough information to commence a formal investigation, the HR investigation stalled.

The Coroner recommended that allegations involving group dynamics or vulnerable employees must be escalated to trained investigators who understand procedural fairness and the complexities of interpersonal conflict.

The message for employers: Bullying investigations are not routine managerial tasks. They require training, neutrality and structure. Anything less risks making the investigation process a psychosocial hazard for all involved.

2. Managers need clear guidance and real support

A striking aspect of the findings is the insufficient support given to the store manager. The Coroner noted that The Good Guys “let him down,” leaving him to navigate a serious bullying complaint without adequate policy direction or HR support.

The organisation’s policies at the time offered no guidance on how managers should respond to complaints. Without adequate support, the manager inadvertently treated the matter as a team dispute rather than a bullying allegation.

The message for employers: Receiving and investigating a complaint is a specialist skill. Employers must equip managers with clear procedures, practical training and access to HR to support complaint processing and investigation.

3. Intent vs impact

The most serious issue was the failure to distinguish between two issues: performance and behaviour.

While the employee’s colleagues may have had legitimate concerns about workload distribution and behaviour, the way they treated the employee as a result was a separate issue. Expert evidence led in the hearing emphasised that bullying is defined by how behaviour is reasonably experienced, not solely by the perpetrator’s intention.

The message for employers: Performance concerns and behavioural concerns must be assessed separately. Frustration about workload does not excuse bullying conduct.

Practical lessons from these findings for every employer

While not legally binding, the Coronial findings offer a series of practical lessons for employers investigating bullying complaints:

  • Invest in qualified investigators particularly for group bullying, vulnerable workers or cases involving overlapping performance issues;
  • Support your managers provide clear procedures, training and immediate HR escalation pathways;
  • Separate performance from behaviour assess conduct on its own terms, not through the lens of team frustration; and
  • Act promptly and impartially delays and informal approaches can cause real harm.

While the Coronial findings did not draw a direct link between the investigation process and the employee’s suicide, they are a reminder that workplace investigations carry with them psychosocial risk.

HWLE offers a specialist investigation service that can conduct complex workplace investigations for our clients with appropriate regard to trauma informed investigation approaches. We can also assist with investigation support and training to help clients upskill their existing managers on investigation best practice.

This article was written by Danielle Flint, Partner, Audrey Ooi, Associate, and Jasmyn Joseph, Solicitor.

Important Disclaimer: The material contained in this publication is of general nature only and is based on the law as of the date of publication. It is not, nor is intended to be legal advice. If you wish to take any action based on the content of this publication we recommend that you seek professional advice.

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