Employment investigation — complainant interview checklist
The complainant interview sets the investigation scope and tone. This checklist covers the 12 steps that protect procedural fairness and capture evidence that holds up on review.
This is a 12-step checklist for conducting the complainant interview in an Australian workplace investigation. It covers opening protocols, support persons, questioning framework, evidence capture, and closing steps. Use it before and during every complainant interview.
The checklist
Send interview notice
Send written notice of the interview — date/time/location, scope of discussion, right to a support person, and confidentiality expectations.
Confirm terms of reference
Confirm the ToR for the investigation with the commissioning client. Do not expand scope in the interview without authority.
Arrange a support person
Confirm the complainant has offered a support person. Record who attends and their role (support, not advocate).
Open with opening statements
Explain purpose, confidentiality, process, note-taking, and that findings are made on the balance of probabilities.
Confirm consent to note-taking or recording
Obtain explicit consent to note-taking and any recording. Audio recording requires informed consent under state surveillance devices legislation.
Open questions — chronology
Start with open questions — ask the complainant to walk through the chronology in their own words.
Closed questions — clarify specifics
Follow up with closed questions on who, what, when, where, and witnesses for each material event.
Test for completeness
Ask the complainant whether there is anything else relevant. Note specific policies or expectations they say were breached.
Gather documentary evidence
Ask for supporting documents — emails, texts, medical reports, diary notes. Log each and preserve metadata.
Identify corroborating witnesses
Ask who else witnessed each event. Map the witness list for subsequent interviews.
Address wellbeing and support
Offer EAP or other support. Confirm protection from detrimental action for making a complaint.
Close with next steps and confidentiality
Explain next steps (investigation timeline, further interviews possible), confidentiality obligations, and no reprisal.
When this checklist applies
Use this checklist immediately before and during every complainant interview. Adapt depth for the seriousness of the complaint.
Common pitfalls
- Interview conducted without a written notice and support person advice
- Leading questions shaping the complainant's account
- Incomplete note-taking or failure to read notes back
- Expanding scope beyond the ToR without authority
- No reprisal messaging — chills future cooperation
Run this checklist on a real matter
Quillio drafts complainant interview plans, produces structured interview notes with corroboration map, and updates the investigation record. See /practice-areas/employment-lawyers or start a free trial.
This checklist is a general guide. Sexual harassment, bullying, and criminal conduct allegations may require additional trauma-informed interview techniques.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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