HR consulting – Workplace investigation » Business Chamber Queensland

What is workplace investigation

A workplace investigation is a structured fact-finding process carried out by an employer or an independent third-party investigator to gather information about an incident or compliance concern in the workplace. A well-run investigation helps employers manage risk, meet workplace obligations, and maintain employee confidence in the fairness of workplace processes.

When should an investigation be considered?

While some workplace issues can be addressed through informal resolution or mediation, an investigation is often appropriate where allegations are serious, repeated, or involve potential breaches of law or workplace policy.

Common triggers include:

Allegations of bullying or harassment (including sexual harassment)

Allegations of discrimination or other unlawful conduct

Serious misconduct or repeated misconduct concerns

Health and safety related incidents (including psychosocial hazards)

Breaches of workplace policies, codes of conduct or confidentiality

Complaints involving managers, leaders, or conflicts of interest

If you’re unsure whether a matter requires investigation, our team can help you triage the issue and determine the most appropriate pathway (e.g. investigation, mediation, management action, or other risk controls).

Why independence and procedural fairness matter

The most critical element of any workplace investigation is ensuring procedural fairness for everyone involved. In practice, this means:

providing clear information about allegations and giving a genuine opportunity to respond

allowing reasonable time to respond (particularly where allegations are complex)

offering the option of a support person in interviews

ensuring the investigator is impartial and evidence-driven

making findings based on the balance of probabilities

A defensible outcome often depends not only on what happened, but on the fairness and integrity of the process used to reach findings. The Fair Work Commission has repeatedly highlighted the importance of procedural fairness in dismissal and conduct matters.

Our workplace investigation approach

We follow a structured investigation methodology based on best-practice investigations.

Initial assessment and scoping

Clarify the complaint/allegations and identify relevant policies and obligations
Determine whether a formal investigation is required, or whether an alternative pathway is more appropriate
Set scope, timing, confidentiality parameters, and interim risk controls where necessary

Investigation planning

Confirm allegation particulars and the issues to be determined
Identify likely witnesses and sources of evidence (e.g., emails, rosters, CCTV where applicable)
Establish a clear plan and interview sequence

Interviews and evidence collection

Interview relevant parties using a neutral, professional approach
Provide the respondent with a fair opportunity to respond to allegations
Document interviews and gather supporting materials

Evidence assessment and findings of fact

Assess evidence consistency and credibility
Make findings on the balance of probabilities for each allegation

Investigation report and closure support

Deliver a written investigation report outlining process, evidence considered, and factual findings
Support employers to communicate outcomes appropriately and implement next steps (while maintaining privacy and confidentiality)

How we can support you

Depending on the scope and complexity of the matter, we can help you with:

and end-to-end investigation management

a written investigation report with findings of fact

practical guidance on outcome implementation (e.g., process steps, documentation considerations, confidentiality)

a post-investigation support such as training and policy improvements

support with broader ER/IR risk management and, where relevant, assistance with matters that may proceed to external jurisdictions (e.g., Fair Work Commission)

Matters involving sensitive allegations

Investigations involving sexual harassment, gender-based harassment, bullying or other sensitive issues require a careful approach that prioritises dignity, confidentiality and wellbeing. We apply a trauma-informed and procedurally fair process, including clear expectations for participants, appropriate interview settings, and support person options.

When an external investigator is particularly valuable

Engaging an independent third-party investigator is commonly appropriate where:

the allegations are serious or high-risk
there is a real or perceived conflict of interest for internal decision-makers
the matter involves senior employees or complex workplace dynamics
impartiality is critical to maintain workforce confidence and reduce legal risk
your own policies require external investigation for certain matters

Workplace investigations

What is workplace investigation

When should an investigation be considered?

Why independence and procedural fairness matter

Our workplace investigation approach

Initial assessment and scoping

Investigation planning

Interviews and evidence collection

Evidence assessment and findings of fact

Investigation report and closure support

How we can support you

Matters involving sensitive allegations

When an external investigator is particularly valuable

Cost and engagement

Helpful resources and templates

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Meet our workplace and HR experts

Ezra Pyers

Maria Boulio

Chloe Boike

Melissa Inglis

Contact our HR and industrial relations team