Workplace investigations are like surgery: if done correctly, they restore trust, accountability, and order. If done poorly, they create more harm than the original problem.
Whether you’re dealing with misconduct, bullying, harassment, or employee grievances, conducting a proper investigation is critical — both legally and culturally.
Let’s explore how to run a workplace investigation that protects people, ensures fairness, and won’t collapse under scrutiny at the Fair Work Commission.
Step 1: Decide Whether an Investigation Is Required
Not all complaints require a formal investigation. But you must decide quickly — and document your decision.
Investigations are warranted when:
- Allegations involve serious misconduct or breach of policy
- There are conflicting versions of events
- Outcomes may result in formal disciplinary action
- The issue has ongoing risk to health, safety, or business operations
If it’s not serious enough to warrant a full process, handle it via early intervention, mediation, or performance management — but always document your reasoning.
Step 2: Appoint a Neutral Investigator
The investigator must:
- Be impartial (no previous involvement with the issue)
- Have the capability to interview, assess credibility, and document evidence
- Avoid even the appearance of bias
In smaller organisations, this is often where the process unravels — assigning a direct manager or HR generalist who lacks training.
In complex cases, especially involving senior staff, consider bringing in an external investigator.
Step 3: Plan the Investigation Process
Before you speak to anyone, define:
- The scope of the investigation (what is — and isn’t — being investigated)
- Who will be interviewed (and in what order)
- What documents or digital evidence will be reviewed
- A timeline for completion
Also prepare:
- Notification letters to all parties involved
- Interview templates and consent forms
- Confidentiality expectations for everyone participating
Step 4: Ensure Procedural Fairness
This is non-negotiable. Procedural fairness (also called natural justice) means:
- Giving the respondent clear details of the allegations
- Allowing them reasonable time to respond
- Considering their version of events fairly
- Having an impartial person make the findings
A breach of procedural fairness is one of the fastest ways to lose at the Fair Work Commission — even if the misconduct is proven.
Step 5: Conduct Interviews Professionally
Tips:
- Interview complainants and witnesses first; the respondent last
- Ask open-ended questions — avoid leading or accusatory language
- Take verbatim notes or record interviews (with consent)
- Don’t promise confidentiality — explain that privacy will be maintained as far as possible
If new allegations arise during interviews, pause and assess whether the investigation scope needs to expand.
Step 6: Assess Evidence and Make Findings
Once interviews and evidence collection are complete:
- Assess credibility (consistency, logic, corroboration)
- Determine which facts are substantiated, unsubstantiated, or unable to determine
- Use the balance of probabilities standard — not “beyond reasonable doubt”
Make findings only on what was investigated. Don’t speculate or comment on unrelated issues.
Step 7: Document the Investigation Report
Your report should include:
- Background and scope
- Methodology (interviews, evidence reviewed)
- Summary of allegations
- Findings for each allegation
- Recommendations (if applicable)
- Appendices (interview notes, documents)
Use clear, objective language. Avoid assumptions or editorialising. Stick to facts and analysis.
Step 8: Communicate Outcomes Carefully
Not everyone gets full access to the report. Here’s a general rule:
- Complainant: Advise whether the complaint was substantiated and what actions (if any) are being taken
- Respondent: Provide findings and disciplinary outcomes
- Witnesses: Thank them and close the loop
If disciplinary action is required, conduct a separate show cause process — don’t jump straight to punishment from the report alone.
What to Avoid
- Letting the investigation drag on for months
- Investigating without informing the respondent
- Skipping witness interviews due to discomfort or assumptions
- Investigators sharing personal opinions or biases
- Making findings based on “vibes” rather than facts
When to Get Help
Investigations involving serious misconduct, legal risk, or potential media exposure should always be handled or reviewed externally.
An organisation like Hack Your HR provides:
- Independent workplace investigations
- Report writing support
- Procedural fairness reviews
- Crisis guidance for executive-level allegations
- Post-investigation support for rebuilding trust
Final Word
A good investigation doesn’t just protect the business — it protects culture. It tells employees that complaints are taken seriously, that fairness matters, and that leaders are committed to getting it right.
If you’re unsure how to handle a complaint, the worst move is to delay or avoid. The second worst? Wing it.