Workplace investigation workflow
Most unfair dismissal and general protections claims turn on the fairness of the investigation that preceded the action. A disciplined, well-documented investigation is the employer's best protection and the employee's best chance at a fair hearing.
This is an 8-step workflow for running a procedurally fair workplace investigation into allegations of misconduct, bullying, or harassment. It covers terms of reference, evidence gathering, interviews, findings, and reporting.
Before you start
- Complaint or trigger event documented
- Internal grievance or code of conduct policy confirmed
- Decision on internal vs external investigator
- Preservation of relevant documents and systems
The workflow
Draft the terms of reference
Draft clear terms of reference — the allegations, the investigator, the scope, the standard of proof (Briginshaw), confidentiality, and the reporting deliverable.
Notify the respondent
Notify the respondent of the allegations in writing, in sufficient detail for them to respond, and advise of support person rights, confidentiality, and the process.
Preserve and gather evidence
Preserve CCTV, email, chat, badge, and system data. Collect documentary evidence before memories and artefacts deteriorate.
Interview the complainant and witnesses
Interview the complainant first, then witnesses. Take contemporaneous notes or recordings with consent. Provide each witness with their statement to confirm.
Interview the respondent
Interview the respondent with a clear allegations document, allow a support person, and give them a genuine opportunity to respond to each allegation.
Analyse evidence and make findings
Analyse the evidence against each allegation using the Briginshaw standard. Make findings of fact and characterise whether each is substantiated, not substantiated, or unable to be determined.
Draft the investigation report
Draft a report containing the allegations, process, evidence, analysis, and findings. Keep it fact-based — recommendations on discipline are usually for the employer, not the investigator.
Deliver findings and next steps
Deliver findings to the complainant and respondent in writing, address any wellbeing or safety steps, and hand the report to the decision-maker for the next stage.
What you will have at the end
A procedurally fair investigation report documenting the process, evidence, and findings — ready to support any disciplinary decision or defence to subsequent claims.
Common issues
- Allegations drafted too vaguely for the respondent to respond
- Support person rights not offered or refused without reason
- Findings made on the balance of probabilities without applying Briginshaw to serious allegations
- Parallel criminal or safety processes not flagged and managed
- Confidentiality undertakings used to silence complainants contrary to WHS duties
Run this workflow on a real matter
Quillio drafts terms of reference, interview outlines, and the investigation report structure. See /practice-areas/employment-lawyers or /free-trial.
General guide only — not legal advice. Workplace investigations can trigger multiple legal regimes; seek specific advice on each matter.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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