Employment investigation — respondent interview checklist
The respondent interview is the most contested part of any workplace investigation. This checklist covers the 12 steps that deliver genuine procedural fairness — the issue most commonly litigated on review.
This is a 12-step checklist for conducting the respondent interview in an Australian workplace investigation. It covers procedural fairness (the central pillar), particulars of allegations, support persons, questioning, and evidence capture. Use it before and during every respondent interview.
The checklist
Provide written particulars of allegations
Provide written particulars of the allegations in sufficient detail for the respondent to understand and respond — who, what, when.
Give reasonable time to respond
Give reasonable time between receipt of particulars and the interview — typically at least 2–5 business days.
Offer support person and confirm attendance
Explicitly offer the right to a support person. Record attendance.
Confirm consent to note-taking or recording
Obtain consent to note-taking and any audio recording (lawful under state surveillance devices law).
Explain the process
Explain the investigation process, the standard of proof (balance of probabilities), Briginshaw, and confidentiality.
Read allegations and invite response
Read each allegation one by one. Invite the respondent's response. Do not debate.
Put the evidence
Put the material evidence supporting each allegation — documents, witness statements (anonymised if necessary).
Test alternative explanations
Invite the respondent's alternative explanations and any context. Record each account.
Identify defence witnesses
Ask the respondent to identify witnesses or documents supporting their account. Log each.
Address welfare and support
Offer EAP. Address ongoing working arrangements (paid suspension, alternative duties) if relevant.
Record respondent's corrections
Send the respondent a copy of the notes for review and invite corrections within a short window.
Close with next steps and confidentiality
Explain next steps, timeline, confidentiality, and no-reprisal obligation.
When this checklist applies
Use this checklist for every respondent interview. Never conduct the respondent interview before the complainant interview and full review of supporting evidence.
Common pitfalls
- Failing to provide written particulars in enough detail for the respondent to respond
- Not putting the substance of the evidence — procedural fairness failure
- Debating the allegations in the interview instead of recording responses
- Not offering a support person
- Using anonymised evidence where the respondent cannot properly respond
Run this checklist on a real matter
Quillio drafts respondent interview plans, structures the allegations and evidence pack, and produces corrected interview notes in the investigation record. See /practice-areas/employment-lawyers or start a free trial.
Respondent interviews are the most common source of procedural fairness complaints. Where the conduct is serious, consider specialist employment law oversight.
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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