NSW Workplace bullying investigations: providing evidence as a witness

[A81]

I have a question relating to adverse action taken against employees who have provided evidence in a workplace bullying investigation against a manager. Cant find an answer anywhere!

In this situation, the employee is not the one who made the complaint that triggered the investigation but one who may have witnessed bullying against the complainant and is requested to provide evidence for an independent investigator.

Is participating in this investigation as a witness considered as exercising a workplace right or participating in a process under workplace law?

What protection is there for employees providing evidence in a workplace bullying investigation? Is this a protected process covered by the general protections?

Specifically, is there a precedent for adverse action taken against an employee by the person/manager under investigation following that investigation (regardless of the result)? Is this just considered victimisation and another form of workplace bullying or does this constitute adverse action against general protections?

Thanks

 

[Rod]

Retaliatory behaviour can be both bullying and adverse action.

 

[DarioAlvares]

I know this thread is about a year old, but I'll try to provide some helpful information regarding workplace bullying investigations and providing evidence as a witness. When you participate as a witness in a workplace bullying investigation against a manager, there are certain considerations to keep in mind. Participating in the investigation as a witness can be seen as exercising a workplace right or participating in a process under workplace law. Employees providing evidence in such investigations are generally protected under the general protections. If you're looking for further resources or information on related topics, you can check out this link on ᐈ Report Blackmail Online - Get Help & Stop Internet Blackmail. It might offer additional guidance on workplace investigations and related matters.

 

[Tim W]

For the benefit of people who read this later...

What OP was really asking here is....

Can you be made to give evidence? Yes, sometimes.
For example, in NSW, Safework investigators have powers to compel you that even the police don't.
And yes, this means that you can possible get into trouble yourself
for lying, withholding information, or pretending not to remember things

Can you be anonymous? - No.
Not always and automatically.

Will the other worker's mates make your life at work difficult because the see you as a dobber or a dog? - Probably
(yes, this is the kind of adverse action to which @Rod refers, and from which you are in theory protected)