Workplace investigations are a critical HR function that ensures allegations of misconduct, bullying, harassment, discrimination, or policy breaches are managed fairly and legally. Employers have a responsibility under the Fair Work Act and workplace health and safety laws to provide a safe, respectful environment for all employees.
The entire process of a workplace investigation must be conducted in accordance with legal requirements, including protections for human rights and workplace rights.
A well-structured workplace investigation process helps organisations maintain compliance, manage risk, and uphold employee confidence.
Failing to follow proper procedures can have serious consequences, including the potential involvement of the Fair Work Commission.
Below are five detailed steps every HR manager or business owner in Queensland should follow when conducting a workplace investigation.
Step 1: Determine whether a workplace investigation is required
Not all complaints or concerns require a formal investigation. The first step is to carefully assess whether a workplace investigation is necessary.
Key actions:
- Review the initial complaint, report, or incident, determining whether the issue involves conflicts or a conflict that requires a formal investigation.
- Identify and review relevant policies, procedures, codes of conduct, company policy, employment contracts, or enterprise agreements.
- Assess the seriousness of the allegation (e.g. misconduct vs. serious misconduct), including reviewing relevant documents and information as part of the assessment.
- Consider whether an informal resolution or mediation is more appropriate.
When to escalate to a formal investigation:
- Allegations of bullying, harassment, sexual misconduct, or discrimination.
- Health and safety breaches or unlawful behaviour.
- Breach of company policy, employment contracts, other contracts or legal obligations may require escalation.
Employers must respond promptly and objectively. Delayed or inadequate action can expose the organisation to legal risk.
Step 2: Plan the workplace investigation
A properly planned investigation is key to ensuring procedural fairness and protecting all parties involved. The planning stage must be carefully considered to ensure all processes are followed. This stage lays the groundwork for an efficient, unbiased process.
Planning involves:
- Appointing an appropriate investigator – internal HR or an external third party if independence is required.
- Consulting HR to ensure the investigation is conducted in line with best practices.
- Defining the scope and purpose of the investigation.
- Identifying relevant witnesses and documentation (e.g. emails, rosters, CCTV).
- Creating an investigation plan with a clear timeline and confidentiality protocols.
Tip: Consider whether interim measures are needed (e.g. employee suspension on pay or temporary reassignment) to prevent further harm or protect the integrity of the process.
Organisations must conduct workplace investigations using clear processes to ensure appropriate action is taken based on the findings.
Step 3: Conduct interviews and collect evidence
This step is the heart of the fact-finding exercise to investigate the allegations. It must be conducted with impartiality, professionalism, and confidentiality.
The investigator should:
- Interview the complainant first to clarify allegations and gather facts.
- Provide the respondent with a copy of the allegations and allow them to respond fully.
- Interview relevant witnesses identified by either party, and ensure their reports are documented.
- Ask neutral, open-ended questions to gather objective information.
- Collect supporting evidence – documents, correspondence, policies, photos, or digital records.
After these steps, either the complainant or respondent may identify additional individuals involved who should be interviewed as part of the investigation.
Maintain detailed records of all interviews and communications. Making findings relies on accurate documentation of all reports and statements from individuals involved. Participants should be reminded of confidentiality and their right to support persons.
Step 4: Evaluate evidence and make findings of fact
Once all evidence is gathered, it must be reviewed carefully and objectively. All allegations must be thoroughly investigated to ensure fair and unbiased outcomes. The standard of proof in workplace investigations is the balance of probabilities – i.e. is it more likely than not that the alleged conduct occurred?
The investigator should:
- Cross-check statements for consistency.
- Assess the credibility and reliability of each source.
- Identify any contradictions or corroborations.
- Make clear findings about each allegation, ensuring the process is transparent and designed to ensure fair treatment of all parties.
Important: Investigators should not recommend disciplinary action. Their role is to provide factual findings only. The decision-maker (e.g. senior manager or HR executive) must then determine outcomes based on those findings.
Step 5: Finalise the workplace investigation and determine outcomes
This final step ensures accountability and closure for all parties involved. It also helps protect the employer against potential unfair dismissal or general protections claims.
Key actions:
- Prepare a clear, written investigation report detailing the process, evidence, and factual findings.
- Provide the report to the appropriate decision-maker for review.
- Determine appropriate outcomes – these may include:
- No action if allegations are unsubstantiated
- Warnings, training, or counselling
- Disciplinary action, including dismissal in cases of serious misconduct
- Policy or process changes within the organisation
- Ensure all parties concerned are informed of the outcome in a manner that respects employee rights.
Notify the complainant and respondent of the outcome in writing, without breaching privacy or confidentiality obligations. Clear documentation is essential should either party decide to pursue legal action. Keep all records securely stored in line with your organisation’s data retention policies.
Addressing sensitive issues during investigations
Addressing sensitive issues during a workplace investigation requires a careful, procedurally fair approach that prioritises the well-being of all parties involved. Workplace investigators must ensure that every individual is treated with respect and dignity, regardless of their role in the investigation process. Maintaining confidentiality is paramount, as is providing the option for a support person to be present during interviews, especially in cases involving sexual harassment or gender-based harassment.
Procedural fairness means giving each party a genuine opportunity to present their side of the story, while also being mindful of potential power imbalances that can affect the investigation. Investigators should be trained to handle sensitive topics with empathy and professionalism, ensuring that the investigation process does not further harm employee morale or the broader workplace culture.
Open and transparent communication helps build trust and reassures employees that the process is fair and compliant with national employment standards and employment laws.
By conducting workplace investigations with sensitivity and fairness, organisations can address serious issues effectively while upholding the rights and dignity of everyone involved.
Implementing changes and recommendations after an investigation
Once a workplace investigation is complete, it is essential to act on the findings to prevent similar issues from arising in the future. The investigation report should clearly outline the findings, recommendations, and any actions to be taken.
HR professionals play a vital role in ensuring that these changes are implemented fairly and transparently. Sharing the outcomes of the investigation with relevant parties – including the complainant, respondent, and other employees affected – helps reinforce trust in the workplace investigation process. It is important to communicate what steps are being taken to address the issues found, while maintaining confidentiality where required.
Implementing recommendations not only resolves the immediate workplace disputes but also strengthens workplace culture and reduces the risk of unfair dismissal claims. By taking proactive steps, businesses demonstrate their commitment to a safe, respectful, and compliant work environment.
Why following a proper workplace investigation process matters
Failing to conduct a proper workplace investigation can lead to:
- Legal claims for unfair dismissal, discrimination, or adverse action
- Psychological harm and workers’ compensation claims
- Damage to organisational culture and reputation
- Breaches of employment law and WHS obligations
Consulting employment relations specialists can help businesses navigate complex legal risks and ensure compliance with relevant laws. A proper process also protects employees who may be falsely accused, ensuring their rights are respected.
By following this five-step process, employers demonstrate a commitment to fairness, compliance, and employee wellbeing.
How can Business Chamber Queensland help?
If you’re unsure how to handle a complex or sensitive matter, engaging an independent workplace investigator, such as Business Chamber Queensland, can help ensure impartiality and legal compliance.
We provide expert industrial relations (IR) and employee relations (ER) support to ensure your business remains compliant and protected. We are experienced, independent workplace investigators.
Our services include:
- Conducting workplace investigations.
- Post-investigation support and training.
- Representation and support in matters before the Fair Work Commission.
- Practical resources to empower business owners and managers.
Whether you’re employing staff for the first time or leading a growing team, Business Chamber Queensland is your trusted partner in navigating Queensland’s IR and ER landscape. Contact us today for local, expert support tailored to the needs of small and medium-sized businesses.
