How to document workplace harassment: what HR and employment lawyers actually need

Documentation matters a great deal in workplace harassment complaints. A well-documented record of repeated behaviour, preserved contemporaneously and stored securely, gives HR departments and employment lawyers much more to work with. Without one, even serious behaviour can be hard to act on.

This guide explains what workplace harassment is under Australian law, why documentation matters so much, what to record and how, and the mistakes that undermine otherwise valid claims. If you work in the US, our guide to documenting workplace harassment in the US is written for you.

What counts as workplace harassment

In everyday terms, workplace bullying is behaviour towards a worker or group of workers that is repeated, unreasonable and harmful to health or safety. Australian workplace laws, including the Fair Work system, usually look at things like:

• Repeated. A single incident is not usually treated as bullying (though some other kinds of harassment, such as sexual harassment, can involve a single serious incident). The repeated nature of the behaviour is what distinguishes bullying from a difficult interaction.
• Unreasonable. The behaviour is not what a reasonable person would consider appropriate management or workplace direction. Ordinary, fairly handled management (performance reviews, workload direction, workplace changes) is generally not bullying even if the affected worker finds it distressing.
• Risk to health and safety. The behaviour causes psychological or physical harm, or creates a reasonable risk of it.

Sexual harassment is treated separately and can involve a single incident if it is serious enough. Harassment based on race, age and other personal characteristics is covered by anti-discrimination laws.

Why documentation makes or breaks claims

HR processes and legal proceedings about workplace harassment are fundamentally about competing accounts. The person making the complaint says this happened. The person complained about says it didn’t, or says it was something different. Without a contemporaneous record, it comes down to credibility.

A well-maintained record changes this dynamic. It provides:

• Evidence that specific incidents occurred on specific dates
• A demonstrated pattern of repeated behaviour over time
• Names of witnesses who can be asked to corroborate
• Your contemporaneous emotional response, which is evidence of impact
• A timeline that HR or an investigator can follow

Employment lawyers consistently report that the cases they can act on most effectively are those where the person has kept detailed, contemporaneous notes from early in the situation, not cases where they come to a lawyer months later, relying only on memory.

What to record

Your record should capture three types of information:

Written communications

Emails, text messages, instant messages through workplace platforms, and any other written communication that forms part of the behaviour or its context. For each:

• Preserve the original with metadata (not just a screenshot) (if the messages come to a FenceChat address, the Message Archive keeps the originals for you)
• Note who sent it, who received it, and who was copied
• Keep copies in a personal, private email account, if your employer’s policy allows forwarding work email

Incident diary entries

For incidents that don’t occur in writing (comments in meetings, exclusion from conversations, behaviour at social events), write a note as immediately as possible. Include:

• Date, time, and location
• What was said or done, as precisely as you can recall, with exact words where possible
• Who was present (full names if known)
• How you responded
• How the incident affected you (anxiety, difficulty sleeping, inability to concentrate)
• Any witnesses who might corroborate

Supporting records

Medical records, counsellor notes, or GP visits connected to the impact of the behaviour; HR complaints and responses; any performance reviews or disciplinary processes that seem connected to the behaviour; and any communications with trusted colleagues about the situation.

How to store records safely

This is the point where many people make a critical error. Records stored on company devices or in company email accounts can be accessed by the employer. In some circumstances, employers have deleted records or restricted access at the point when a complaint is made.

• Store all records on a personal device and in a personal account
• Use a personal email address (not your work address) to store or forward evidence
• Use a strong, unique password on that account that has never been shared with a colleague
• Keep a backup in a second location: a USB drive at home, a secure cloud storage account, or with your lawyer
• Do not access company documents you aren’t authorised to view; focus on evidence directed at or from you

Common mistakes that undermine records

• Starting too late. Many people begin documenting only after a serious escalation. Start from the first incident that concerns you, even if you’re not sure yet whether it constitutes harassment.
• Curating the record. Providing only the most alarming messages, and omitting your own responses or messages that show you in a less flattering light, raises credibility questions and can leave gaps that undermine the record. Provide everything to your lawyer and let them advise on what to use.
• Relying only on memory. Memory is unreliable, especially under stress. Written contemporaneous notes made on the day of an incident are far stronger than a later reconstruction.
• Not naming witnesses. If three people were in a room when something was said, name all three. Even if you don’t intend to call them as witnesses, their names show HR that corroboration is available.
• Discussing the record at work. Don’t tell colleagues you’re keeping a record, and don’t document on company time using company devices. Keep it entirely separate from your work environment.

Using your record with HR, lawyers, and Fair Work

When you bring a complaint to HR, an employment lawyer, or the Fair Work Commission, present your record as a complete document: a timeline with the full incident diary, attached communications, and supporting records organised chronologically. A document that an HR officer or investigator can read and follow is far more useful than a folder of screenshots.

An employment lawyer can explain which next steps fit your situation. In Australia, these can include internal complaint processes, an application to the Fair Work Commission for an order to stop bullying, a discrimination complaint to the Australian Human Rights Commission or a state equivalent, or (in serious cases) a WorkCover claim for psychological injury. In the US, they can include an internal complaint or a charge with the EEOC or a state agency; see our US guide.