What is a workplace investigation?
A workplace investigation is a structured process an employer uses to look into misconduct allegations or complaints with procedural fairness.
A workplace investigation is a structured process an employer uses to look into allegations of misconduct, a complaint, or a grievance. It usually involves gathering relevant documents, interviewing the people involved and any witnesses, and reaching findings on what happened.
Procedural fairness is central to a sound investigation. The person facing allegations should be told what the allegations are and given a genuine chance to respond before any findings are made. A fair, well-documented investigation helps an employer make defensible decisions and reduces the risk of a later unfair dismissal claim.
Key facts
- •It is a structured process for looking into misconduct or complaints
- •It typically involves gathering evidence and interviewing those involved
- •Procedural fairness requires telling the person the allegations against them
- •The person involved must get a genuine chance to respond
- •A fair investigation helps defend against an unfair dismissal claim
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Unfair Dismissal CheckerFrequently asked questions
What are my rights during a workplace investigation?
You should be told clearly what the allegations are and given a genuine opportunity to respond before any findings are made. In many cases you can also have a support person present at interviews.
Does an investigation have to happen before I am dismissed?
There is no fixed rule, but a fair investigation is an important part of procedural fairness. Dismissing someone over misconduct without properly investigating and letting them respond can make the dismissal unfair.
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General information and estimates only — not legal, financial or tax advice. Always check your specific award, agreement or contract, or a qualified professional, before you rely on the result.