How To Conduct An Effective Investigation

KEY TAKEAWAYS: Evidence has a hierarchy of reliability: direct evidence carries more weight than circumstantial, hearsay, or opinion evidence in workplace investigations. Objective credibility factors (corroboration, consistency,) should be prioritised over subjective factors (demeanour, reputation) when assessing witness accounts. Investigators must recognise their own biases and also understand how trauma can impact memory and presentation […]

Fraumano v Newport Medical Solutions Pty Ltd – [2025] FWC 2228 KEY TAKEAWAYS 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: the employer failed to properly interview complainants or verify allegations the employee

KEY TAKEAWAYS: ‘I don’t recall’ responses are common in workplace investigation interviews, but they don’t need to be a roadblock if handled well. At the outset of an interview: establish rapport and create a safe and comfortable environment for participants use open-ended questions When a participant says ‘I don’t recall’: refrain from challenging the initial

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

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

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

Bradshaw v State of Queensland (Queensland Health) [2025] QIRC 104 KEY TAKEAWAYS: This public sector appeal decision offers some rare commentary on workplace reviews and their intersection with HR processes such as recruitment. workplace reviews will ‘almost always’ result in some degree of organisational change — this should be anticipated by employers and HR processes

KEY TAKEAWAYS:  A workplace review is a diagnostic tool that can provide an independent, evidence-based assessment of a workplace culture and deliver actionable insights that go beyond standard employee surveys. A workplace review forms part of an organisation’s risk assessment processes. Organisations use reviews both reactively (such as addressing anonymous complaints and high staff turnover)

KEY TAKEAWAYS: Advice from an experienced legal and HR senior leader who recently transitioned to specialise in workplace investigations: pursue workplace investigations if you enjoy working with all kinds of people, love digging into the minutiae and have a particular penchant for procedural fairness lawyers and ER practitioners have transferrable skills, in areas such as

Katrina Saunders v Bengalla Mining Company Pty Ltd – [2025] FWC 658 KEY TAKEAWAYS: Video evidence proved crucial in a recent Fair Work Commission unfair dismissal case. The case offers the following key learnings for investigators: objective evidence like video footage can be decisive when employees deny allegations of wrongdoing, particularly if it is analysed