How To Conduct An Effective Investigation

Case review | Bullying not always ‘serious misconduct’

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 […]

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What do I do when a complainant wants to remain anonymous?

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

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Case review | Workplace fight investigation fails to consider self-defence

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

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Case review | When workplace reviews collide with HR processes: Lessons from Bradshaw v Queensland Health 

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

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What’s the point of a workplace review? Aren’t they a bit ‘woo woo’? 

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)

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Why this employment generalist became a workplace investigation specialist

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

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Case review | Mining safety, mobile phones and the power of video evidence

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

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Five-point guide on the collection and use of surveillance evidence in workplace investigations

KEY TAKEAWAYS: 1. Quality surveillance evidence can be valuable in workplace investigations, providing: independent and direct records of incidents precise timing and identification of witnesses high reliability compared to witness recollection 2. Surveillance evidence can also have important limitations, including: storage and retention constraints legal compliance requirements quality and visibility issues resource costs for extensive

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Case review | Workplace context is critical when determining whether inappropriate conduct is misconduct

Y v Hai Di Lao Melbourne Proprietary Limited [2024] FWC 3313 KEY TAKEAWAYS: A recent unfair dismissal case in the Fair Work Commission (FWC): is a reminder for investigators that not every instance of inappropriate conduct in the workplace will rise to the level of misconduct reinforces the importance of having clear complaints handling and

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What’s trending in workplace investigations and what’s the outlook for 2025?

KEY TAKEAWAYS: Five key workplace investigation trends dominated 2024 and developments to watch in 2025: Workplace investigations and internal investigation teams on the rise | 2025 outlook: demand will continue Increased involvement of WHS teams in sexual harassment and bullying investigations | 2025 outlook: cooperation between HR and WHS will be critical, particularly as workplace

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