A fabricated text message was pivotal in a recent unfair dismissal case in the Fair Work Commission (FWC). The case, which went to appeal, provided a number of learnings for investigators and employers.
Case review | Flawed workplace investigation leads to constructive dismissal Read More »
Digital evidence from a wide variety of online sources is commonplace in workplace investigations.
To investigate or not? Triaging can provide the answer Read More »
A fabricated text message was pivotal in a recent unfair dismissal case in the Fair Work Commission (FWC). The case, which went to appeal, provided a number of learnings for investigators and employers.
Case review | Digital deception leads to dismissal Read More »
Digital evidence from a wide variety of online sources is commonplace in workplace investigations.
Evidence has a hierarchy of reliability: direct evidence carries more weight than circumstantial, hearsay, or opinion evidence in workplace investigations.
Assessing witness credibility in workplace investigations Read More »
In a recent case, the Fair Work Commission (FWC) found an employee was unfairly dismissed due to procedural flaws resulting in there being no valid reason. The flaws included that
Case review | Taking multiple allegations at face value costs employer Read More »
‘I don’t recall’ responses are common in workplace investigation interviews, but they don’t need to be a roadblock if handled well.
Recall roadblocks: How to handle ‘I don’t recall’ responses in investigations Read More »
Frost v Ambulance Victoria [2025] FWCFB 94 KEY TAKEAWAY A Full Bench of the Fair Work Commission (FWC) has held that a finding of bullying in a workplace investigation will not automatically amount to serious misconduct for disciplinary purposes. It will be a question of degree. The case A paramedic challenged a disciplinary sanction transferring
Case review | Bullying not always ‘serious misconduct’ Read More »
KEY TAKEAWAYS: While investigators must carefully consider the wishes of a complainant (who could be a witness or impacted person), confidentiality cannot be guaranteed (even where protections under relevant whistleblower legislation apply as there are exceptions). Procedural fairness requires that respondents be given sufficient detail to allow them to respond to allegations against them. This
What do I do when a complainant wants to remain anonymous? Read More »
Weule v Central Queensland Services [2025] FWC 1219 KEY TAKEAWAYS: This Fair Work Commission (FWC) case reinforces the importance of investigators: approaching workplace investigations with an open mind and maintaining genuine impartiality during the investigation process avoiding predetermined conclusions even when company policies appear clear-cut, particularly in relation to physical violence in the workplace thoroughly
Case review | Workplace fight investigation fails to consider self-defence Read More »
