Understanding workplace investigations
Workplace investigations are essential for maintaining a safe and fair workplace. They provide a structured process to establish facts before making decisions that affect employees.
When to investigate
- Harassment or bullying complaints
- Discrimination allegations
- Serious misconduct
- Safety incidents
Key outputs
- Findings of fact
- Substantiated or not
- Recommendations
- Documentation
Investigation process
A proper workplace investigation follows a structured process:
Investigation steps
Procedural fairness
Procedural fairness (natural justice) is essential for any investigation. The respondent must be:
- Informed of allegations: Specific enough to respond meaningfully
- Given opportunity to respond: Before any findings or decisions
- Allowed time to prepare: Reasonable time to gather thoughts and evidence
- Permitted a support person: To assist (not advocate) during interviews
- Treated without bias: Investigator maintains open mind throughout
Investigation before dismissal
Dismissing an employee without proper investigation may lead to unfair dismissal claims. The Fair Work Commission considers whether a fair investigation occurred when assessing if dismissal was harsh, unjust, or unreasonable.
Types of evidence
Documentary evidence
- Emails and messages
- Time and attendance records
- Policy documents
- Prior warnings or records
Testimonial evidence
- Complainant interview
- Respondent interview
- Witness statements
- Expert opinions if needed
Common investigation mistakes
Predetermined outcome
Starting with a conclusion and gathering evidence to support it rather than investigating with an open mind.
Failing to interview respondent
Making findings without giving the accused employee a chance to respond to the specific allegations against them.
Poor documentation
Not keeping proper records of interviews, evidence gathered, and the reasoning behind findings.
Key takeaways
Workplace investigations are essential for fair and lawful decision-making about employee conduct. Following proper process—with procedural fairness at its core—protects both the organisation and employees involved.
Accurate records support thorough investigations. RosterElf's time and attendance tracking provides reliable data that may be relevant evidence in workplace investigations.
