[{"data":1,"prerenderedAt":141},["ShallowReactive",2],{"nz-slugs-manifest":3,"nz-glossary-vexatious-complaint":62},{"article":4,"policy":30,"webinar":36,"alternative":45,"features":47,"use-cases":48,"solutions":55},[5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,23,22,24,25,26,27,28,29],"cybersecurity-culture","signs-of-a-toxic-workplace","anonymous-reporting-for-schools","iso-37002","anonymous-employee-feedback","shirli-kirschner-game-changers","employee-engagement-survey-questions","dealing-with-workplace-misconduct","whistleblowing-software","what-is-unlawful-victimisation-in-the-workplace","respect-in-the-workplace","bystander-effect-in-the-workplace","person-centred-and-trauma-informed-approach","combating-virtual-harassment-in-remote-work","understanding-and-preventing-workplace-bullying","anonymous-reporting-advantages-disadvantages","culture-audit-guide","serious-misconduct","what-is-whistleblowing","psychologically-safe-workplace","mentally-healthy-workplace","case-management-software","nz-protected-disclosures-act-2022","nz-hsw-act-psychosocial","nz-privacy-act-2020-anonymous-reporting",[31,32,33,34,35],"cookies","privacy","anti-modern-slavery","terms","whistleblowing",[37,38,39,40,41,42,43,44],"psychosocial-safety-construction-and-mining","new-world-of-work","2024-august-live-demonstration-of-the-elker-platform","psychosocial-risks-leadership-and-tools","safety-culture-and-transformation-hospitality","addressing-psychosocial-issues-at-work-webinar","finishing-safe-between-now-and-january-webinar","dealing-with-sensitive-information",[46],"eqs-integrity-line-alternative",[],[49,50,51,52,53,54],"aged-care-disability-services","schools","peak-bodies","businesses","government","universities",[56,57,58,59,60,61,26],"speak-up-platform","anonymous-suggestion-box","workplace-investigation-software","whistleblowing-platform","whistleblowing-hotline","psychosocial-hazard-management",[63],{"id":64,"status":65,"date_updated":66,"slug":67,"title":68,"locale":69,"category":72,"primary_keyword":73,"secondary_keywords":74,"definition_short":79,"definition_long":80,"context_body":81,"sources":82,"last_reviewed":83,"faqs":84,"related_pillars":120,"related_terms":138,"seo":139},9,"published","2026-04-20T01:12:49.394Z","vexatious-complaint","Vexatious Complaint: Definition and Meaning in Australian Workplaces",[70,71],"au","nz","investigations","vexatious complaint",[75,76,77,78],"vexatious","vexatious meaning","vexatious claim","vexatious definition","Vexatious complaints in Australian workplaces: the legal test, how they differ from unsubstantiated complaints, and employer good-faith obligations.","\u003Cp>A vexatious complaint is one made with malicious intent, without reasonable grounds, or for an improper purpose such as harassment, revenge, or obstruction. Under Australian law, a complaint is vexatious only where the complainant lacks an honest belief in the substance of the allegation \u003Cstrong>and\u003C/strong> the complaint is motivated by bad faith. A complaint that turns out to be unsubstantiated is not automatically vexatious.\u003C/p>","\u003Cp>The legal test for \"vexatious\" varies across Australian statutory schemes but shares a consistent thread of requiring both absence of reasonable belief \u003Cstrong>and\u003C/strong> bad faith. Under the Public Interest Disclosure Act 2013 (Cth) s11, the discloser's immunity from civil, criminal, and administrative liability does not apply where the disclosure is knowingly false or misleading; bad-faith disclosures fall outside the Act's protection. The Fair Work Act 2009 (Cth) s587 permits the Fair Work Commission to dismiss an application if it is \"vexatious\" (made to harass or annoy, cause delay, or for some other wrongful purpose) or \"frivolous\" (lacking substance).\u003C/p>\n\u003Cp>State public interest disclosure statutes apply a similar standard. NSW's Public Interest Disclosures Act 2022 s18 excludes disclosures that are \"knowingly false, misleading, or not made in good faith\". Victoria's Public Interest Disclosures Act 2012 s72 allows the Independent Broad-based Anti-corruption Commission to dismiss vexatious or frivolous disclosures. Queensland's Public Interest Disclosure Act 2010 s30 protects disclosures \"made in good faith\" and exposes bad-faith disclosures to defamation or criminal liability.\u003C/p>\n\u003Cp>The Commonwealth Ombudsman's \"Better Practice Guide to Managing Unreasonable Complainant Conduct\" (2nd edition) provides the leading practical framework for assessing vexatiousness. It emphasises that the burden is on the organisation to establish bad faith, not on the complainant to prove good faith. Honest but mistaken complaints, complaints that prove unfounded after investigation, and complaints from persistent complainants who believe their grievance has merit are \u003Cstrong>not\u003C/strong> vexatious.\u003C/p>\n\u003Cp>In New Zealand, the Protected Disclosures (Protection of Whistleblowers) Act 2022 protects disclosures where the discloser has a reasonable belief that the information tends to show serious wrongdoing and makes the disclosure in accordance with the Act. Protection is withheld where the disclosure is made in bad faith, primarily to further a personal grievance, or knowing the information to be false.\u003C/p>","\u003Col>\n\u003Cli>Fair Work Act 2009 (Cth), s587. \u003Ca href=\"https://www.legislation.gov.au/C2009A00028/latest/text\">Federal Register of Legislation\u003C/a>. Retrieved 2026-04-19.\u003C/li>\n\u003Cli>Public Interest Disclosure Act 2013 (Cth), s11 (Liability for false or misleading disclosures). \u003Ca href=\"https://www.legislation.gov.au/C2013A00133/latest/text\">Federal Register of Legislation\u003C/a>. Retrieved 2026-04-19.\u003C/li>\n\u003Cli>Commonwealth Ombudsman, \"Better Practice Guide to Managing Unreasonable Complainant Conduct\" (2nd edition). \u003Ca href=\"https://www.ombudsman.gov.au/__data/assets/pdf_file/0022/35716/GL_Better-practice-guide-to-managing-unreasonable-complainant-conduct-2nd-edition.pdf\">Ombudsman\u003C/a>. Retrieved 2026-04-19.\u003C/li>\n\u003Cli>Fair Work Commission, procedural fairness guidance. \u003Ca href=\"https://www.fwc.gov.au/\">FWC\u003C/a>. Retrieved 2026-04-19.\u003C/li>\n\u003Cli>Protected Disclosures (Protection of Whistleblowers) Act 2022 (NZ). \u003Ca href=\"https://www.legislation.govt.nz/act/public/2022/0032/latest/whole.html\">New Zealand Legislation\u003C/a>. Retrieved 2026-04-19.\u003C/li>\n\u003C/ol>","2026-04-19",[85,92,99,106,113],{"id":86,"sort":87,"faq_item_id":88},44,1,{"id":89,"question":90,"answer":91},631,"What's the difference between a vexatious complaint and an unsubstantiated one?","\u003Cp>An unsubstantiated complaint is one where the investigation could not find sufficient evidence to confirm the alleged conduct; this says nothing about the complainant's motivation. A vexatious complaint is one made with bad faith and without honest belief, typically intended to harm the respondent. Most unsubstantiated complaints are honestly held and investigated in good faith; they are not vexatious.\u003C/p>",{"id":93,"sort":94,"faq_item_id":95},45,2,{"id":96,"question":97,"answer":98},632,"Can an employer dismiss a complaint as vexatious?","\u003Cp>Only with strong evidence of bad faith. The Commonwealth Ombudsman's guidance makes clear that organisations bear the burden of establishing vexatiousness and that any such determination must be documented with specific supporting evidence. An employer that dismisses a complaint as vexatious without substantiation exposes itself to unfair dismissal, general-protections, and defamation risk.\u003C/p>",{"id":100,"sort":101,"faq_item_id":102},46,3,{"id":103,"question":104,"answer":105},633,"What protections exist for vexatious-complaint respondents?","\u003Cp>Workers accused in vexatious complaints retain general employment protections and can pursue defamation remedies in serious cases. The Fair Work Act general protections prohibit adverse action taken because of a workplace complaint or inquiry, but do not extend to complaints made in bad faith. Respondents can also be entitled to receive the outcome of the investigation where it clears them, supporting their return to work.\u003C/p>",{"id":107,"sort":108,"faq_item_id":109},47,4,{"id":110,"question":111,"answer":112},634,"Does making a vexatious complaint cost the protected-disclosure status?","\u003Cp>Yes. Under both the Public Interest Disclosure Act 2013 (Cth) and state equivalents, protection applies only to disclosures made in good faith and on reasonable grounds. A deliberately false or malicious disclosure loses the statutory protections and may expose the discloser to disciplinary action, civil liability (including defamation), or criminal charges.\u003C/p>",{"id":114,"sort":115,"faq_item_id":116},48,5,{"id":117,"question":118,"answer":119},635,"How should organisations handle suspected vexatious complaints?","\u003Cp>Investigate with the same rigour as any other complaint. If bad faith becomes apparent during the investigation, document the specific evidence (pattern of behaviour, inconsistent statements, provable false statements) rather than relying on general impressions. Retain independent review of any decision to treat a complaint as vexatious. A good-faith disclosure process should never chill legitimate reporting by labelling complaints vexatious too readily.\u003C/p>",[121,126,132],{"id":122,"sort":87,"article_id":123},20,{"id":124,"slug":12,"title":125},28,"Dealing with Workplace Misconduct in 2025",{"id":127,"sort":94,"article_id":128},21,{"id":129,"slug":130,"title":131},14,"ethics-hotline","How to Set Up an Ethics Hotline – Best Practice for Managing Integrity",{"id":133,"sort":101,"article_id":134},22,{"id":135,"slug":136,"title":137},10,"advantages-of-whistleblowing-in-the-workplace","Advantages of Whistleblowing in the Workplace",[],{"meta_title":68,"meta_description":79,"meta_image":140},null,1776811948069]