Do I have to participate in a workplace investigation?

Generally yes — refusing to cooperate with a reasonable and lawful direction can itself be misconduct. BUT you have the right to: be told the allegations in writing, have a reasonable time to respond, bring a support person, and have any answers used fairly. If the investigation is being conducted unfairly or the allegations are vague, you can raise concerns about the process before answering.

Can I bring a support person to a workplace investigation meeting?

Yes — under section 387(d) of the Fair Work Act, refusing a support person is one of the factors the Fair Work Commission considers when assessing whether a dismissal is harsh, unjust, or unreasonable. The support person can be a colleague, union rep, or family member. They are there to support you, not to advocate or argue your case (though some employers allow more active participation).

What is procedural fairness in a workplace investigation?

Procedural fairness (also 'natural justice') has two elements: (1) the right to be heard — you must be told the specific allegations in clear terms and given a reasonable chance to respond before any decision is made; (2) the right to an unbiased decision-maker — the person making the decision must not have prejudged it. Breach of procedural fairness is one of the most common grounds for unfair dismissal claims to succeed.

What if the investigation finds against me?

Possible outcomes include: dismissal of the matter, a verbal/written warning, a final warning, performance management, demotion, suspension without pay, or termination. You have the right to know the outcome in writing with reasons. If termination follows, you may have an unfair dismissal claim (s.385 Fair Work Act) within 21 days of dismissal, OR a general protections claim within 21 days, OR a discrimination claim depending on the basis.

Can I sue if the investigation was unfair?

If unfair process led to termination — yes, via unfair dismissal at the FWC. If you're still employed but the unfair investigation has caused stress/illness, you may have a workers compensation claim for psychological injury and/or a general protections claim if the conduct was retaliatory. Document everything during the process.

Workplace Investigation — Your Rights (Respondent)

Your employer is investigating you. Here's the checklist of what they MUST do, what they CAN'T do, and what you should do at each stage to protect yourself. Free interactive triage.

Last verified: 21 May 2026

Procedural fairness has two parts: right to be heard (told the allegations in writing + reasonable time to respond) AND unbiased decision-maker. Breach of either is grounds for unfair-dismissal claim if termination follows.

AIGot a tricky case? Ask FairWork Mate AI — 1 free question, no signup →

7-question rights triage

Answer each question. Anything you tick "no" or "unsure" gets flagged with what to do about it. This is not legal advice — see a community legal centre, union, or workplace lawyer for advice on your specific situation.

1. Have you received the allegations in writing, with specifics (dates, conduct, who's involved)?

2. Were you given a reasonable time (typically 5-10 business days) to prepare your response?

3. Have you been told you can bring a support person to investigation meetings?

4. Will you be shown the evidence relied on (witness statements, documents) before you respond?

5. Is the investigator someone other than the person who made the complaint OR your direct manager who has a conflict?

6. If you've been suspended, is it on full pay?

7. Have you been told you'll receive the outcome (decision + reasons) in writing?

Your 7 rights as the respondent

Right to know the allegations — clear, specific, in writing. "Misconduct" is not enough; you need dates, conduct, and witnesses where applicable.
Right to reasonable response time — typically 5-10 business days for a substantive matter. Less for simple matters. More for complex / multiple allegations.
Right to a support person — at any meeting where the investigation, your conduct, or possible termination is discussed.
Right to see and respond to evidence — including witness statements, documents, surveillance footage. The level of detail varies; some employers redact witness identities.
Right to an unbiased investigator — the person investigating must not have prejudged the matter. If the investigator is also the complainant or has a conflict, raise it.
Right to confidentiality — investigations should be confidential. Gossip or pre-judgment by management is breach.
Right to know the outcome in writing — including the reasons for the decision.

If you're suspended during investigation

Suspension during investigation should be on FULL PAY (not unpaid) unless your contract explicitly allows otherwise. Suspension is not punishment — it's a procedural step. If you've been suspended without pay or for a disproportionate period, get advice from your union or a community legal centre.

Unfair Dismissal in Australia: How to Know If You Have a Case

Was your dismissal unfair? Learn the eligibility rules, 21-day deadline, high income threshold ($183,100), remedies, and how to apply to the Fair Work Commission.

Unfair Dismissal Australia — Can I Claim? Full Guide (2026)

Everything you need to know about unfair dismissal in Australia. Eligibility, how to lodge a claim with the Fair Work Commission, time limits, remedies, and what to expect.

Unfair Dismissal Australia: Time Limits, Eligibility & How to Claim

Complete guide to unfair dismissal claims in Australia. Covers eligibility requirements, the strict 21-day time limit, the Fair Work Commission process, remedies including reinstatement and compensation, and the small business fair dismissal code.

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FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is general information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.

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