Employment investigation — report checklist (AU)
An investigation report is the record that will be tested on unfair dismissal, general protections, or discrimination review. This checklist covers the 12 sections and quality markers of a defensible report.
This is a 12-step checklist for drafting an Australian workplace investigation report. It covers the terms of reference, evidence summary, findings on the balance of probabilities, Briginshaw weighting, application of policy, and recommendations. Use it as a quality check before sign-off.
The checklist
Set out the terms of reference
Reproduce the ToR verbatim — allegations, parties, scope, deadlines, commissioning client.
Describe process followed
Describe steps taken — notice, interviews, documents reviewed, timeline. Transparent process supports the findings.
List evidence gathered
Schedule interview records, documents, and other evidence reviewed. Exhibit labels for cross-reference.
Identify relevant policies
Identify workplace policies, contracts, and legislation relevant to each allegation.
State the standard of proof
State the balance of probabilities standard and the Briginshaw weighting for serious allegations.
For each allegation, summarise the evidence
Each allegation: complainant's account, respondent's account, witness evidence, documentary evidence.
Assess credibility and weight
Assess credibility and weight transparently — consistency, corroboration, demeanour, contemporaneous records.
Make findings of fact
Make findings on each material fact, distinguishing what is found and what remains unproven.
Apply policy and contract
Apply the relevant policy, code, or contract to the findings. State whether breach is substantiated.
Consider systemic issues
Identify systemic issues — policies, training, culture — separate from individual findings.
Recommendations
Recommendations clearly distinguish between findings (factual) and consequences (HR/management decision).
Annexures and sign-off
Annex interview records and key documents. Sign and date the report; log to evidence register.
When this checklist applies
Use this checklist at the draft review stage — before the report is issued to the commissioning client. Adapt the depth to the seriousness and likely review pathway.
Common pitfalls
- Mixing findings of fact with recommendations on discipline
- Applying the Briginshaw standard as a higher standard (it is not — it is the same standard with more cogent evidence)
- Failing to document the credibility assessment
- Policy framework not cited — findings floating without legal anchor
- Recommendations straying into management decisions beyond the ToR
Run this checklist on a real matter
Quillio drafts workplace investigation reports from the evidence pack, produces balanced credibility assessments, and generates the findings pack. See /practice-areas/employment-lawyers or start a free trial.
A well-drafted report cannot rescue a poor investigation. Use this checklist alongside the complainant and respondent interview checklists.
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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