A proper investigation should have a clear purpose—either to:
Investigations must be based on facts—not gossip or personal bias. Employers should never act on hunches or jump to conclusions.
Before launching an investigation, an employer needs to know what they’re doing. That includes understanding:
Workplace investigations must meet standards set by employment contracts, company policies, modern awards, enterprise agreements, and the Fair Work Act. Importantly, they must also follow procedural fairness.
Unfair investigations can happen when:
There’s no written record of the investigation process
This duty doesn’t disappear just because an investigation is happening. Employers must treat employees with respect—even under pressure. That includes:
Let’s be honest: in our experience, workplace investigations often lead to dismissal. Some are handled fairly—but many are not.
Employers can bias the process by:
You also have the right to request access to the records from the investigation once it's concluded. If your employer refuses, you may ask the Fair Work Commission to order them to release the documents under s 590(2)(c) Fair Work Act.
Some employees are stuck in limbo for months—or even over a year—while investigations drag on. This can be deliberate, or just poor management. Either way, it may be cause for action.
Justice delayed is justice denied.
The Commission has said it clearly:Sometimes employees aren’t even given a proper meeting to explain their side. That’s unacceptable.
We’ve helped hundreds of Australians stand up to unfair treatment. If you're facing a workplace investigation, here's what we suggest:
In Australia, procedure matters. Even if the complaint has merit, your employer must follow the rules. If they don’t, you might be entitled to compensation or reinstatement.
