Abuse of Workplace Bullying Complaints: How Should Employers Respond to Malicious or False Allegations?

The workplace bullying provisions under Taiwan’s Occupational Safety and Health Act are about to take effect. These rules are designed to serve as a legal shield to protect workers. However, if a very small number of employees misuse the complaint mechanism as a weapon to attack supervisors, engage in internal factional disputes, or even fabricate facts to make anonymous or malicious accusations, how should HR leaders lawfully and firmly protect workplace order?

Under current labor laws and prevailing practice, employers and accused supervisors or employees do not need to tolerate complaints that are verified to have been deliberately fabricated. To help companies establish a proper legal culture and strengthen sound labor compliance systems, we summarize below seven key legal safeguards and potential liabilities that HR professionals should understand.

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1. Clearly Define What Constitutes a Malicious Fabrication of Facts

A malicious complaint, from a legal perspective, requires that the complainant knew the alleged workplace bullying conduct did not exist, or knew that the alleged conduct was not committed by the respondent, but nevertheless intentionally fabricated facts in order to frame another person.

This is fundamentally different from a good-faith complaint arising from subjective perception, communication gaps, misunderstanding, or differing interpretations of workplace interactions.

HR must be careful to distinguish between an unsubstantiated complaint and a maliciously fabricated complaint. The former does not automatically mean bad faith. The latter requires evidence of intentional falsehood.

2. A Malicious Complainant May Lose Protection Against Adverse Treatment

Current laws are designed to encourage workers to speak up. Employers are generally prohibited from dismissing, demoting, reducing wages, or otherwise impairing the rights and interests of workers who file workplace bullying complaints.

However, this protection is premised on good-faith reporting.

Once an investigation confirms that the complainant maliciously fabricated facts, the employee may no longer be entitled to rely on such statutory protection. The employer may then take necessary, reasonable, and proportionate adverse action in accordance with law and internal rules.

3. Employers May Exercise Internal Disciplinary Authority to Maintain Workplace Order

To prevent employees from making malicious and false complaints that cause substantial disruption to the company and the respondent, and that seriously damage interpersonal trust within the organization, employers should act decisively once the facts are verified.

After establishing the truth through proper procedures, the employer may impose appropriate internal discipline or sanctions on the employee who fabricated the complaint, as well as on any person who knowingly assisted in the fabrication, in accordance with the company’s work rules and disciplinary policies.

4. Employers Should Carefully Assess Whether Disciplinary Dismissal Is Lawful

If the employee’s malicious accusation is extremely serious and causes disorder in the company’s management system or destroys trust among colleagues, the employer may further assess whether the conduct satisfies the requirements of Article 12, Paragraph 1, Subparagraph 4 of Taiwan’s Labor Standards Act, namely a serious violation of work rules.

If the legal requirements are met, the employer may consider disciplinary dismissal without advance notice and without severance pay.

Because dismissal is the most severe disciplinary measure, employers should proceed cautiously, confirm that the company’s internal rules expressly cover such misconduct, preserve evidence, and ensure that the principle of proportionality is observed.

5. Malicious Complaints May Also Constitute Criminal Defamation

In addition to internal discipline, intentionally fabricating facts may also create criminal exposure outside the company.

If the complainant deliberately spreads false allegations within the company that are sufficient to harm the respondent’s reputation, or publicly discloses false accusations through social media, online platforms, or other public channels, the conduct may potentially constitute defamation under Taiwan’s Criminal Code.

This risk is particularly significant where accusations are circulated beyond those who need to know for purposes of the investigation.

6. False Accusation Liability and Civil Damages for Reputational Harm

If the complainant not only files an internal complaint but also intentionally submits false allegations to judicial authorities or government agencies with investigative powers, in an attempt to cause the respondent to face criminal prosecution or disciplinary action, the complainant may potentially be exposed to liability for false accusation under criminal law.

At the same time, the respondent who has been wrongfully accused may also seek civil damages under tort law for harm to reputation, emotional distress, or other legally recognized losses.

Employers should therefore remind employees that complaint rights must be exercised responsibly and in good faith.

7. HR Must Conduct a Rigorous and Complete Employer Investigation

The foundation for pursuing any internal or external responsibility is procedural justice.

HR leaders must follow the procedures required under workplace bullying prevention rules and activate an objective and independent investigation mechanism.

Only after the employer has fulfilled its investigation obligations, protected both parties’ rights to be heard, and obtained clear evidence proving that the complaint was knowingly false should the company proceed with disciplinary or legal action.

A rushed conclusion that a complaint is “malicious” may itself create further legal risk. The company’s response must be based on evidence, due process, and careful documentation.

A Reminder from Attorney Chen Yeh-Sin

Companies must maintain a zero-tolerance approach toward workplace bullying.

At the same time, employers should not tolerate malicious manipulation that uses the name of workplace bullying to fabricate accusations and harm others.

For HR professionals responsible for workplace bullying complaint handling, the first task is to prepare in advance. Companies should review their work rules, disciplinary policies, and workplace bullying prevention procedures to confirm whether malicious fabrication, intentional false complaints, and knowingly false accusations are expressly listed as grounds for internal discipline or, in serious cases, disciplinary dismissal.

Only by embedding the rule of law into corporate systems and ensuring complete investigation procedures can employers protect genuine victims while also providing a solid legal defense for capable employees, supervisors, and the company’s workplace order.

HR leaders may wish to review their company’s files immediately.

Do your workplace bullying prevention rules, work rules, and disciplinary policies already include clear provisions addressing maliciously fabricated complaints?

Has your company built a sufficient legal defense mechanism to help managers and employees withstand false accusations while still protecting genuine victims?

YesinLawTel: 02-25156822Website: https://www.yesinlaw.com