Workplace investigations are formal inquiries into alleged misconduct, breaches of policy, or workplace complaints.
Legislation: Related to Bullying, Harassment, and Misconduct provisions | Category: HR Management
What is Workplace Investigations?
Workplace investigations are formal inquiries into alleged misconduct, breaches of policy, harassment, bullying, or other workplace complaints. A properly conducted investigation is essential for making fair and defensible decisions, meeting legal obligations, and maintaining a safe and respectful workplace.
Investigations should be conducted by an impartial investigator (internal or external), follow procedural fairness principles, and result in findings based on evidence. The findings then inform decisions about disciplinary action, policy changes, or other responses.
Key Compliance Points for Employers
- Procedural fairness requires: clear allegations, opportunity to respond, impartial decision-making, and evidence-based findings
- Confidentiality should be maintained as far as possible, but cannot be guaranteed absolutely
- Support should be offered to complainants, respondents, and witnesses
- The standard of proof is typically “balance of probabilities” — more likely than not
- Complex matters (sexual harassment, senior employees, legal risk) may warrant external investigators
Frequently Asked Questions
What is Workplace Investigations?
Workplace investigations are formal inquiries into alleged misconduct, breaches of policy, or workplace complaints.
Why is Workplace Investigations important for employers?
Understanding workplace investigations helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
