KEY TAKEAWAYS:
Eight key workplace investigation trends in 2025 and projected developments to watch in 2026:
- High internal investigation workloads | 2026: invest in investigator capability, clear processes, and senior leadership support.
- Escalating legal and operational complexity | 2026: adopt integrated approaches across HR, safety, legal and leadership functions.
- Increased legal representation and legal claims | 2026: expect legal scrutiny and manage legal risk from both the respondent and the complainant aspects.
- Focus on person-centred and inclusive investigations | 2026: building capability to conduct investigations, in particular through regular training which addresses trauma, neurodiversity, disability, and cultural needs.
- AI becomes mainstream | 2026: leverage AI tools while maintaining robust human oversight.
- Growing risk of manipulated digital evidence | 2026: build technical competency and be vigilant in scrutinising and verifying digital evidence.
- Workplace culture reviews gain momentum | 2026: use reviews to understand workplace culture and identify risks.
- Greater Board involvement | 2026: expect Boards to exercise greater scrutiny over investigation functions.
The field of workplace investigations continues to evolve, driven by heightened expectations around workplace safety and accountability, developments in AI, and regulatory reforms. Every year, we observe new trends take hold and opportunities emerge. 2025 was no different.
Our team has identified eight key workplace investigation trends that gained momentum in 2025, along with projected developments to watch in 2026.
1. High workload of internal investigators
The most significant trend we have observed over the past year is the high workload of internal investigation teams. Through our investigation and advisory services, we work with employers and internal investigation teams across Australia who consistently report a high volume of complaints that are increasingly complex.
This high workload is driven by multiple factors, including more accessible complaint processes, greater willingness to report, increased bystander reporting, expectations that employers will respond appropriately and sensitively, greater complexity in complaints and regulations, and heightened legal scrutiny.
For the most part, increased reporting of concerns is a good thing for workplaces. However, it places greater demands on investigators who require strong structural support to maintain investigation quality – including clear processes and well-supported, skilled investigation teams (see our article: Supporting investigator wellbeing).
2026 Outlook: Expect high workloads to continue. Employers best positioned to meet these demands are those that invest in investigator capability, clear processes, and senior leadership support.
2. Escalating complexity
Complaint complexity has increased on two fronts: the nature of the concerns raised and regulatory requirements. Complaints more commonly involve multiple concerns about conduct, performance, and culture. For example, we regularly see hybrid performance and conduct complaints, related retaliation concerns, and concerns about management’s failure to act or to act appropriately on previous matters.
Regulation of investigations remains fragmented, and the introduction of positive duties under WHS laws has added further complexity. All Australian employers must now identify, assess, and control psychosocial hazards – including those arising from bullying and harassment, as well as from investigations themselves. This overlap between misconduct and safety requires integrated approaches to investigations across HR, safety, legal and leadership functions (see our article: Misconduct vs safety investigations).
State and Federal governments have progressively introduced regulations reflecting expected investigative standards, including trauma-informed approaches. For example, WorkSafe Victoria’s Compliance Code (Edition 1, September 2025) expressly requires support to be provided to all parties, careful handling of sensitive information, and trauma-informed practices, including external investigators trained in trauma-informed interviewing techniques.
Sector-specific regulations impose additional requirements. For example, the National Higher Education Code to Prevent and Respond to Gender-based Violence 2025 (commenced 1 January 2026) requires investigators to be trained on gender-based violence.
2026 Outlook: As complexity escalates, the employers best positioned are those that adopt integrated approaches across HR, safety, legal and leadership.
3. Increased legal representation and legal claims
2025 saw a surge in employment-related legal claims. For example, in the first quarter of 2025-26, general protections dismissal applications increased 57 per cent on the three-year average. Workers’ compensation claims for mental health conditions also rose significantly, accounting for 12 per cent of serious claims in 2023-24 – an increase of 14.7 per cent, according to Safe Work Australia’s Key Work Health and Safety report (October 2025).
This directly impacts workplace investigations. As more matters proceed to legal claims, investigations face greater scrutiny from Courts, Commissions, and Tribunals. For example, in 2025 we saw findings that mishandled investigations or post-investigation processes resulted in constructive dismissal (see these case reviews: Flawed workplace investigation leads to constructive dismissal: Can engaging with employees with poor mental health be unfair?).
The Commission made clear that investigations must be thorough with well-reasoned findings. Quality, thoroughness and timeliness remain paramount to ensure legally defensible investigations and avoid successful constructive dismissal claims or psychosocial injury claims.
In 2025, more investigation participants – both complainants and respondents, and particularly those involved in sexual harassment matters – engaged lawyers during the investigation process. While legal representation doesn’t change the investigation process, it can extend timeframes due to more formal correspondence, requests for procedural accommodations and documents, and extended response periods.
Greater legal involvement also means increased scrutiny of complaint management and a rise in secondary complaints. Beyond the primary complaint against a respondent, we’re now seeing more complaints against employer’s managers about how they managed the primary complaint, including the investigation phase.
Overall, the increased sophistication with which employees pursue their right to a safe workplace is notable and follows trends in the legal and public domains over the past decade.
2026 Outlook: Expect legal scrutiny of investigations. Organisations best positioned will manage legal risk from both the respondent and the complainant aspects.
4. Focus on person-centred and inclusive investigations 
A significant and positive trend is inclusivity, broadly defined as approaching investigations with awareness and sensitivity to trauma, neurodiversity, disability, and culture.
A trauma-informed approach to investigations is commonly accepted as best practice and is now reflected in regulation (for example, WorkSafe Victoria’s Compliance Code). A trauma-informed approach involves providing choice and control to participants; explaining the process clearly and managing expectations; recognising that trauma responses may affect memory and presentation; utilising appropriate questioning techniques; and connecting participants with appropriate support.
In 2025, workplaces demonstrated greater understanding and appreciation of disabilities and neurodiversity by adopting accommodations to support affected workers, including during investigations. A flexible and personalised approach is key to supporting neurodiverse and disabled participants throughout the investigation process.
Similarly, we have observed a maturing awareness of the importance of cultural safety in the investigation process. This is reflected in public sector regulation; for example, the Queensland Public Service Commission Workplace Investigations Directive refers to cultural safety and capability in workplace investigations involving Aboriginal and Torres Strait Islander peoples. We discussed culturally responsive investigations with expert panellists at our September 2025 Networking Event. The clear takeaway: culturally responsive investigations require humility and a willingness to research and learn about other cultures.
2026 Outlook: Employers will need to invest in developing the capability to conduct investigations, in particular through regular training which addresses trauma, neurodiversity, disability, and cultural needs.
5. Generative AI becomes mainstream
AI use accelerated across all aspects of investigations in 2025, moving from experimental to mainstream. For investigators, this has meant developing processes that leverage AI’s efficiency gains while maintaining the human judgment required for investigations.
A wide range of AI technologies are now available, from basic transcription to creating chronologies, summarising interviews, and analysing evidence. However, AI can hallucinate, speculate on participants’ feelings and overlook important details. Human oversight remains critical to thoroughly analyse the evidence, prepare findings, digest nuances, and importantly, bring empathy and curiosity to the process.
AI use is not limited to investigators; participants in investigations are also using AI more frequently, preparing sophisticated written complaint documentation often referencing policy language. AI support can be positive, helping employees to speak up with greater confidence. However, it can result in lengthy complaints, requiring additional time for careful analysis.
2026 Outlook: Expect continued development of AI investigation support tools, but with heightened professional scrutiny requiring robust human oversight.
6. Growing risk of manipulated digital evidence
Rapid technological developments have made creating false evidence easier than ever. We’ve seen fake text conversations generated by easily accessible websites, doctored CCTV screenshots, and fabricated emails (see our article: Navigating the ‘Digital Trail).
This trend intersects with the broader challenge of AI-generated content and the growing difficulty in distinguishing authentic from manufactured content. The stakes are high – a single piece of manipulated evidence can derail an investigation.
It’s more important than ever for investigators to develop technical competency in digital forensics, including metadata analysis, source verification, and detection of common manipulation techniques.
2026 Outlook: Investigators must build technical competency and remain vigilant in scrutinising and verifying digital evidence.
7. Workplace culture reviews gain momentum
Demand for workplace culture reviews was strong in 2025 and is expected to continue in 2026. This reflects organisations recognising the importance of understanding their psychosocial environment – both to comply with WHS duties and to gather workforce feedback in a methodical, usually de-identified manner (see our article: What’s the point of a workplace review?).
Organisations can use reviews reactively (for example, to respond to clusters of complaints or high turnover) and proactively (for cultural assessment, or to assist with change management or regulatory compliance). In some circumstances, reviews can be required by regulators. For example, a WHS enforceable undertaking required an employer to conduct culture surveys (see Cobar Management). Reviews can also deliver financial savings, informed organisational change, identification of root causes of dysfunction, and higher staff satisfaction and retention.
In 2025, we saw substantial employee engagement in reviews, with most reviews achieving a participation rate of more than 60 per cent. We also saw Boards becoming increasingly involved in review processes, seeking to comply with their positive duties and to better understand risks and opportunities for improvement.
2026 Outlook: Expect workplace culture reviews to become standard practice in many organisations seeking to better understand culture and identify risks.
8. Greater Board involvement
Boards are taking a greater interest in investigation functions, including initiating and overseeing investigations, particularly those involving senior executives.
This increased Board involvement is understandable given WHS obligations and positive duties placed on directors, as well as significant reputational and commercial risks associated with executive misconduct.
Over the past year, we have been engaged on several occasions by Boards seeking a thorough inquiry by an external investigator (usually briefed by solicitors under legal privilege) into an executive’s conduct. These investigations related to complaints, often anonymous, made directly to the Board.
Within a regulatory environment that now identifies workplace investigations as a psychosocial risk factor for employees, Boards’ interest in reporting on their organisations’ investigation processes and data has also increased.
2026 Outlook: Expect Boards to exercise greater scrutiny over investigation functions, including enhanced reporting of investigation data, and quality assurance reviews or audits of investigations.
More information
Q Workplace Solutions’ team of experienced and legally qualified investigators is trusted by public and private organisations, including ASX-listed companies and government departments, to investigate complex and often highly sensitive allegations of employee wrongdoing. The team also undertakes reviews of organisations, divisions, or units, and provides training, coaching and external advisory support to internal investigators and teams.
Upcoming training
Engaging skilled investigators is a key way to safeguard the quality and fairness of the investigation process. Training is critical. Our experts will take internal investigators through workplace investigation fundamentals at an online training workshop on 4 and 5 March. Register here: Internal Workplace Investigations: The Fundamentals.
