A recent Fair Work Commission (FWC) case highlighted the justification for terminating employees who inappropriately air grievances regarding the outcome of a workplace investigation process. Specifically, demonstrating that employees cannot harass workplace investigators for reaching outcomes they disagree with.

The following article outlines the case and describes actions employers can take to protect their business if faced with a similar situation.

Worker accuses investigators of false allegations following a workplace investigation process

In December 2024, the Fair Work Commission (FWC) upheld Qube Ports Pty Ltd’s dismissal of a casual stevedore after he repeatedly refused to accept responsibility for a workplace car accident and sent “highly inappropriate” emails criticising the workplace investigation.

The employee was involved in an accident in April 2024 after driving a car into the wrong lane, causing a collision with another vehicle. Despite the incident, the worker maintained that the other driver was at fault. Following the collision, the employer suspended the employee and conducted a workplace investigation into the alleged conduct, concluding that he had not performed his duties with care and diligence—amounting to misconduct.

The company allowed him to return to work in mid-May, pending further possible outcomes including disciplinary action. However, his subsequent email correspondence to colleagues worsened the situation.

These emails were deemed inappropriate in tone and content, containing untrue statements about the workplace investigation and demonstrating a continued denial of responsibility. The correspondence accused the investigator of making false allegations and unnecessarily prolonging the inquiry, further straining the employee’s relationship with their employer.

The employer issued a show cause letter addressing the offensive emails and the employee’s failure to accept accountability for the incident, providing him an opportunity to explain why he should not be dismissed to ensure procedural fairness. In response, the worker accused the company of conducting a “fraudulent” investigation and reiterated claims of company failures and misconduct.

Despite being offered a chance to mitigate disciplinary action by taking responsibility, he steadfastly denied any wrongdoing. This stance, coupled with his unprofessional communication, led the employer to dismiss him without notice, citing a loss of confidence in his ability to perform duties safely and effectively.

Worker claims unfair dismissal

The FWC found the dismissal fair, highlighting that the employee’s actions—including his discourteous and accusatory emails—breached the company’s code of conduct. Fair Work Commissioner Sharon Durham ruled that the emails were not ordinary workplace exchanges but targeted and inappropriate behaviour in correspondence with colleagues and managers.

The commissioner noted that, had the emails not been sent, the investigation might have concluded with a written warning. Instead, the worker’s repeated misconduct, despite previous warnings, undermined the company’s trust and made his dismissal an appropriate action. The FWC deemed the employer’s decision sound, defensible and fair treatment.

An employer’s right to conduct workplace investigations

Not all employees may accept the outcome of an investigation, especially if the employee believes they were in the right or that the process was flawed. While some employers may offer a process for internal review of disciplinary decisions as part of their workplace policies, most do not. If such a process exists, employees can be directed to follow it.

Regardless, employees are not protected from disciplinary action if they choose to air grievances about an investigation’s outcome or process in a harassing manner. This includes:

• Making rude or inappropriate comments about the investigator, either directly or to colleagues.
• Spreading false or misleading information about the investigation or its findings.
• Repeatedly contacting colleagues about the investigation after it has been completed.
• Raising complaints about the investigation or investigators without reasonable or relevant evidence, with the intent to discredit the investigation, its process, its outcome, or other factors.

In such cases, employers are justified in taking action and implementing corrective measures to ensure the health and well-being of all employees. This includes protecting workplace investigators and ensuring they can conduct investigations without fear of reprisal. There must be a clear boundary for employees who refuse to accept the outcome of an investigation.

Should an employee cross that line, they may be subject to dismissal following a subsequent investigation into their new misconduct.

If you’re facing challenges with conducting workplace investigations, employees refusing to accept the outcome of a workplace investigation or harassment between colleagues, our Workplace Advisory Services team can help.

Business Chamber Queensland members with HR services as part of their membership can contact the Workplace Advisory Services team on 1300 731 988 or at [email protected]

Case: Mr Chris Ingall v Qube Ports Pty Ltd [2024] FWC 3605 (31 December 2024)