Eight key workplace investigation trends dominated 2025, from escalating legal complexity and high internal investigation workloads to increased legal representation and a growing focus on person-centred investigations. This article explores what to watch for in 2026.
Workplace investigations: Trends and outlook for 2026 Read More »
Haslam v SAE Institute Pty Limited [2025] FWC 3827. This decision highlights the importance of investigators maintaining independence and resisting pressure to change findings without reasonable justification, and the need for clear separation between the roles of investigator and decision-maker.
Wilson v Services Australia [2025] FWC 3328. The Fair Work Commission found that continued engagement with an unwell employee about workplace concerns worsened his condition, and that accepting his resignation without proper consideration of his mental state constituted dismissal at the employer’s initiative.
As psychosocial safety regulations evolve across Australia, the intersection between workplace misconduct and safety investigations continues to increase. Organisations that understand the fundamental differences between these investigation types and develop clear protocols are better positioned to meet their legal obligations.
Misconduct vs safety investigations in the workplace: Navigating the tensions Read More »
Sewell v dnata Airport Services Pty Limited [2025] FWC 2823. The Fair Work Commission awarded approximately $36,500 in compensation after finding a company’s handling of a sexual harassment complaint was so flawed it left the employee with no choice but to resign.
Case review | Flawed workplace investigation leads to constructive dismissal Read More »
Not every workplace complaint requires a formal investigation. A documented triaging process helps organisations determine the most appropriate response – from facilitated discussions to formal investigations – saving resources and ensuring fair outcomes for employees and employers.
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 »