Being investigated at work can be stressful and confronting. Allegations of misconduct, bullying, harassment or policy breaches may feel like an attack on your reputation and career. However, investigations are a normal part of workplace procedures and, when handled properly, are designed to give you a fair opportunity to respond to concerns.
This guide explains your rights and responsibilities if you are being investigated at work, the process you can expect, and steps you can take to protect yourself.
Why are workplace investigations conducted?
Employers are legally required to act on complaints of misconduct, bullying, harassment or breaches of workplace health and safety. Investigations help employers:
- Determine the facts before making decisions.
- Ensure fairness to all parties.
- Comply with the Fair Work Act and workplace policies.
- Protect staff and the business from further harm or liability.
If you are being investigated, it does not automatically mean your employer has decided against you, it means they are gathering information.
What rights do employees have during an investigation?
Employees under investigation in Australia are entitled to:
- A fair process – You must be given clear details of the allegations.
- The opportunity to respond – Usually in writing or in an interview.
- A support person – You can request to have a support person present in meetings.
- Confidentiality – Your employer should take steps to keep the matter private.
- Protection from victimisation – You cannot be lawfully punished for participating in or cooperating with an investigation.
If these rights are not respected, any disciplinary action (such as termination) may be open to challenge as unfair dismissal.
What should you do if you are being investigated?
To protect yourself during a workplace investigation, consider the following steps:
- Stay calm and professional – Avoid retaliating or discussing the matter widely with colleagues.
- Review the allegations carefully – Ensure you understand what is being claimed before responding.
- Seek advice early – Speak to a lawyer, union, or HR adviser before providing your formal response.
- Gather evidence – Collect documents, emails, or witness accounts that support your position.
- Prepare your response – Answer questions honestly and directly, and provide your version of events.
- Request procedural fairness – If you feel the process is biased or unclear, raise this respectfully with your employer.
Possible outcomes of a workplace investigation
Depending on the findings, possible outcomes include:
- No further action if the allegations are unsubstantiated.
- Mediation or informal resolution.
- Training, counselling, or changes to workplace practices.
- Formal disciplinary action such as a warning.
- Termination of employment in serious cases.
If the outcome is adverse and you believe the process was flawed, you may be able to challenge it through the Fair Work Commission, an anti-discrimination body or the courts.
Common mistakes employees make
Employees sometimes harm their case by:
- Ignoring requests for a response.
- Becoming aggressive or uncooperative in interviews.
- Sharing confidential details with colleagues.
- Assuming the employer has already decided the outcome.
Avoiding these mistakes helps ensure you are treated fairly and have your say in the process.