How To Conduct An Effective Investigation

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.

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

‘I don’t recall’ responses are common in workplace investigation interviews, but they don’t need to be a roadblock if handled well.

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