To Tell or Not to Tell: Raising Complaints with HR and the Lessons from Te Whaiti v Winc Australia Pty Ltd

In a decision handed down on 30 June 2026, Te Whaiti v Winc Australia Pty Ltd [2026] provides a useful reminder that employees who experience inappropriate workplace conduct should raise concerns promptly through available internal channels, including Human Resources (HR).

The matter involved allegations of discrimination, harassment and other inappropriate conduct, which was ultimately dismissed by the Court, due to the absence of HR complaints forming part of the factual context considered. For employers, the decision also highlights why accessible complaint processes, clear policies and careful responses to concerns remain essential risk-management tools.

Key facts

• The applicant was engaged by Winc Australia Pty Ltd (Winc) as a full-time labour hire Forklift Operator and Warehouse Hand from May 2008 to June 2012. In June 2012, the applicant was transitioned to a full-time Winc employee until 6 August 2020, when she was made redundant.
• The applicant alleged that she had been subjected to racial discrimination, sex and pregnancy discrimination, and sexual harassment by managers and colleagues during her employment with Winc.
• Winc and the individual respondents denied the alleged conduct, and the Court considered evidence about Winc’s grievance procedures, code of conduct, equal opportunity policies and workplace training.
• The applicant acknowledged that she was aware complaints about discrimination, bullying, harassment, victimisation or unfair treatment could be raised with HR or a manager.

Why the case matters

Workplace misconduct issues often turn on what was reported, when it was reported, who it was reported to, and how the employer responded. Where an employee experiences inappropriate conduct but does not raise it with HR, a manager or another appropriate workplace representative, it may become more difficult later to show that the employer had an opportunity to investigate, intervene, or take corrective action.

This does not mean that every unreported allegation will fail, or that employees are required to follow a rigid formula before they can pursue legal rights. However, detailed reporting can be highly relevant to credibility, chronology and the practical steps that were available at the time.

The decision therefore provides a timely reminder that internal complaints are not merely administrative steps. They can be important evidence that concerns were raised clearly, and that the employer was placed on notice of the conduct complained about.

A complaint may also trigger important workplace obligations, including the need to manage health and safety risks, preserve relevant records, consider interim arrangements, and ensure that no employee is victimised for speaking up. In that sense, the complaint process protects both parties: it gives employees a pathway to be heard, and it gives employers a structured opportunity to respond before matters escalate.

Importance of raising complaints with HR

HR complaints serve several practical and legal purposes. First, they create a contemporaneous record of the concern, including the date on which the issue was raised and the way it was described at the time.

Secondly, they give the employer an opportunity to assess the complaint, speak with relevant witnesses, preserve documents, review rosters, emails or messages, and take interim steps where appropriate.

Thirdly, they can assist in demonstrating that the employee acted reasonably by using the mechanisms available to them before the dispute escalated. This can be particularly important where the alleged conduct occurs over months or years and memories, documents and witness availability may change.

When making a complaint, employees should aim to identify the following details:

• The conduct of concern;
• The people involved;
• All relevant dates or timeframes;
• Any witnesses; and
• The proposed outcome or support sought.

If they feel uncomfortable approaching a direct manager, they should consider whether the employer’s policy identifies an alternative contact, such as HR, a senior manager, a designated complaints officer or an external reporting option.

Clear and timely reporting helps reduce uncertainty and assists the employer to respond in a fair and structured way. Although there may be legitimate reasons why an employee delays reporting, including fear of retribution or concern that the process will not be handled appropriately. Where it is safe and practical to do so, early reporting improves the prospects of a timely workplace response and helps preserve important evidence.

Practical guidance for employers

Employers should ensure that employees know how to raise concerns and feel safe doing so. Policies should clearly identify reporting pathways, including alternative contacts where the complaint involves a direct manager.

It is not enough for a policy to merely exist on the company intranet, especially if employees do not understand it or trust the process. Initial and ongoing training should be incorporated to reinforce what conduct is appropriate in the workplace, how concerns can be raised, how confidentiality of complaints will be managed and that victimisation or retaliation will not be tolerated in the workplace.

Once a complaint is made, employers should avoid dismissing concerns without completing a proper assessment. A prompt, confidential and procedurally fair response may include:

• Acknowledging the complaint;
• Clarifying the allegations with the complainant;
• Considering any relevant interim risk controls to be implemented;
• Interviewing relevant people;
• Reviewing any applicable documents; and
• Communicating outcomes appropriately.

Employers should also keep a clear record of the steps taken and the reasons for key decisions. Where allegations are serious, an independent investigation or external legal advice may be appropriate, and having a detailed record of the process will be essential.

Key takeaways

The Winc decisions highlights the practical importance of speaking up early when inappropriate conduct occurs at work. For employees, raising concerns with HR can be an important protective step. For employers, a clear and responsive complaint-handling framework is essential to managing risk, supporting staff and maintaining a respectful workplace culture.

Important aspect to note include:

• Employees should raise inappropriate workplace conduct promptly through HR or another appropriate reporting channel.
• A clear complaint can help create a detailed record and place the employer on notice.
• Employers should maintain accessible, well-communicated complaint processes.
• Complaints should be handled promptly, confidentially and fairly.
• Failure to raise concerns internally may affect how later claims are assessed, depending on the facts.

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