A legally defensible workplace investigation is one that follows a fair and consistent process, documents all decisions, and stands up to external scrutiny.
Key elements include:
- Clear scope and terms of reference
- Investigator with appropriate qualifications and no conflicts of interest
- Confidential handling of information
- Well-documented interviews and evidence gathering
- Findings based on evidence and relevant policy or law
- A final report that is structured, logical, and transparent
The legal defensibility of an investigation is critical if disciplinary outcomes are challenged. For example, the Fair Work Commission routinely examines how an investigation was conducted when determining whether a dismissal was fair. If procedural fairness is not upheld, even strong evidence of wrongdoing may not be enough to support the dismissal.
In the case of Travis Cairns v Oceaneering Australia Pty Ltd [2024]., a flawed investigation led to a dismissal being ruled unfair. The Commission stated that the allegations were ultimately deemed unsubstantiated. The Commission observed that the investigator’s reasoning behind this finding was unclear, stating that the basis for the conclusion remained unexplained. The outcome cost the organisation $83, 750 in financial terms but also in reputational damage.
A well-conducted investigation also demonstrates compliance with workplace legislation and duty of care obligations. It sends a clear message to employees, regulators, and stakeholders that the organisation handles serious matters with rigour and integrity.
Having a defensible investigation means your organisation is ready to stand behind its decisions with confidence and credibility.
A legally defensible workplace investigation is one that follows a fair and consistent process, documents all decisions, and stands up to external scrutiny.
Key elements include:
- Clear scope and terms of reference
- Investigator with appropriate qualifications and no conflicts of interest
- Confidential handling of information
- Well-documented interviews and evidence gathering
- Findings based on evidence and relevant policy or law
- A final report that is structured, logical, and transparent
The legal defensibility of an investigation is critical if disciplinary outcomes are challenged. For example, the Fair Work Commission routinely examines how an investigation was conducted when determining whether a dismissal was fair. If procedural fairness is not upheld, even strong evidence of wrongdoing may not be enough to support the dismissal.
A well-conducted investigation also demonstrates compliance with workplace legislation and duty of care obligations. It sends a clear message to employees, regulators, and stakeholders that the organisation handles serious matters with rigour and integrity.
Having a defensible investigation means your organisation is ready to stand behind its decisions with confidence and credibility.