[2025] FWC 3285
At a glance
- 1
- MA000043
What happened
the Applicant commenced employment with Cohealth Limited in March 2019 and was dismissed in June 2025. Following a complaint from a client regarding his conduct, Cohealth initiated an internal investigation. the Applicant, a member of the Australian Services Union (ASU), raised concerns about the investigation process and the adequacy of evidence. He has lodged a dispute notification and an unfair dismissal application with the Fair Work Commission. the Applicant is seeking an order for Cohealth to produce a report prepared by Daniel Fawcett and associated materials relating to the investigation. Cohealth asserts legal professional privilege.
What was decided
The Fair Work Commission Deputy President Farouque is considering the Applicant’s application for an order to produce documents. Cohealth claims legal professional privilege regarding the Fawcett Report and associated materials. The Commission will hear the dispute notification and unfair dismissal application together. The Deputy President noted correspondence between the Applicant’s union representative and Cohealth, highlighting concerns about the investigation’s basis. A decision on whether to order the production of the documents is pending.
What it means for employers
Employers should be mindful of their obligations under workplace grievance and misconduct procedures. They must ensure investigations are conducted fairly and with procedural fairness. Claims of legal professional privilege should be carefully considered and documented, as waiving privilege can have significant consequences. Maintaining clear communication with employees throughout the investigation process is crucial.
What it means for employees
Employees have the right to raise concerns about workplace processes and to seek assistance from their union. Understanding workplace grievance and misconduct procedures is important. Employees should be aware of their rights regarding access to information and the principles of natural justice during investigations.
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