Workplace Investigations

We Support Employees In Workplace Investigations In Victoria And All Other Australian States.

Has your employer commenced a workplace investigation against you? Understanding your rights is no easy feat, but rest assured our team of Workplace Advisors are here to help. We will ensure you understand your rights and ensure procedural fairness is applied by your employer.

When Workplace Investigations Occur

Whether you are based in Victoria or any other state, an employer may conduct a workplace investigation to determine whether you, as an employee, have participated in wrongdoing or serious misconduct, usually after receiving a complaint from another employee. An investigation is aimed at determining whether the allegations occurred, based on provable facts. Below are some examples of allegations that may instigate a workplace investigation.

• Theft
• Fraud
• Bullying
• Sexual harassment
• Discrimination
• Violations of business policy
• Disregard for safety protocols
• Failure to follow reasonable direction

Whilst not limited to the above, a workplace investigation can take place for any other issue deemed serious enough to warrant disciplinary action. Management should always provide the employee being investigated with justification as to why such an investigation is occurring.

Employee rights throughout a workplace investigation

Employees have a right to procedural fairness in the investigation as an employee. This means that the decision-making process must be impartial and free of bias.

This should be understood as follows:

• You should receive prior notice in writing that a workplace investigation is commencing.
• The investigation is to be carried out in a timely and unobtrusive manner.
• You are provided with sufficient and unambiguous information regarding meetings and claims so that you can defend yourself.
• All meetings are given ample notice and sufficient opportunity to react and prepare a response.
• You are allowed to bring a support person, such as a union delegate, partner, family member, or a friend, to all meetings related to the investigation.
• Before any decision is delivered, your employer should apply consideration to your defence or reaction to the claims appropriately and carefully.

For the most up-to-date rule and law revisions, consult the Fair Work Commission’s current unfair dismissals benchbook.

Employee Rights in Disciplinary Meetings

If any workplace investigation has resulted in a disciplinary meeting it can be a very stressful time. As an employee you should seek to confirm the allegations being put forward to you. In addition, any disciplinary meeting you attend you should consider the below.

• You should bring a support person. Your support person may include a friend, union representative, lawyer, or workplace advisor. Generally, your employer can not deny you the opportunity to bring a support person to a disciplinary meeting.
• Be prepared for your disciplinary meeting. Familiarise yourself with the allegations and consider how you will respond to these. Conferring with a lawyer, union representative, or workplace advisor will help guide you in the right direction here.
• If you feel the disciplinary meeting is heading in the wrong direction or you feel you are being bullies, ask that the meeting being rescheduled.

Remember, employees have rights in disciplinary meetings. AWDR can help you navigate the hurdles and ensure you are given a fair go.