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: 1 July 2025Procedural 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.
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.
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