When You Are the Target of a Workplace Investigation, What Should You Do?

October 16, 2023    Employment Lawyers
When You Are the Target of a Workplace Investigation, What Should You Do?

The workplace investigation process is a method through which employers can investigate all the allegations of severe misconduct done by employees. The investigation begins because of another client or a staff member who made the complaint.


The workplace investigation involves a professional investigator who, at times, but not all the time, plays the part of an external individual. He/she will collect all the evidence and also advise and inform the employer whether or not the misconduct took place.


How is a Workplace Investigation Conducted?


According to the workplace investigation lawyers, to proceed with the workplace investigation work, it’s vital to conduct it in a step-by-step manner.


Investigators should create an auditable, precise and detailed paper train on how the situation was resolved and what happened.


The following the steps that an investigator should follow for the workplace investigation work:

  • Approving the possibility of the workplace investigation
  • Interview the person who made the complaint.
  • Draft out the allegations.
  • Notify the respondent about the ensuing investigation and accusations.
  • Interview all the witnesses to obtain a detailed account
  • Obtain all the evidence that one comes across.
  • Officially notify the respondent of all the evidence that he/she has identified and give the respondent the chance to respond.
  • Notify the respondent about all the final things that one has come across.


Involved In a Workplace Investigation: What to Do?


When one believes that they have become a target of workplace investigations in Perth, there are several things they can do on such matters. Let’s find out from this section:


Maintain the Right to Bureaucratic Justice


Individuals who have become the main target of workplace investigation are eligible for procedural fairness. Here, procedural fairness means the following:


  • He/she should be well informed about all the information which is adverse towards their interest. They should also know about the data that will be utilised by the investigator to make a final decision about whether or not he/she was part of the misconduct. It’s important to provide him/her the chance to respond about “THAT” particular information and tell their side of the story to the investigator.
  • The person and the investigator who will make the final decision on the misconduct should not be a person who was an alleged victim or a part of the misconduct.


When one gets dismissed after the investigation, which did not look procedurally fair, he/she can take legal action against the employer for unfair workplace dismissal.


Please discuss the matter with the professional employment lawyers in Perth WA, who are experts in handling such cases.

Do Not Rush


On certain occasions, the employers provide all the employees a short time during the workplace investigation to prepare a proper response. This might stand out to be procedurally biased.


One should request the employer to provide them with several free days so that he/she can prepare themselves well for proper response during the investigation.


Provide the Response in Writing


It’s important for a person to provide their response in writing. Even when the interviewer invites him/her for an interview, one should make a written response and provide it to the questioner in advance. One must create a written record, which can be easily relied on for other proceedings.


Check to See One Will Get Stood Down Without Payment


A reliable workplace investigation lawyer pointed out that during the workplace investigation, many of the staff members get stood down. Otherwise, they are briefed not to come to work when they are being scrutinised.


Many part-time and full-time contracts want all the workers to get paid their salary or wages, even when their employers stand them down. It’s pretty rare for an employer to stand their workers without providing them their hourly or monthly wages.


Think Properly About the Future


On certain occasions, many employees who get investigated aim to take the next step in their professions or move to a different job. In such situations, one must conduct a smooth negotiation so that one can leave the workplace without any hassle.


This is something that many of the employees like doing as it will save them from legal risks, expenses and trouble linked to the investigation procedures and formal dismissal.


Obtain Legal Advice


When one has become the target of a workplace investigation, the entire situation can be pretty complex, confronting and stressful. So, it will be a good idea to discuss the matter with the best employment lawyer as they offer some advice or tips on such matters.


They can tell him/her what exactly they must do and what they should avoid doing when such an investigation takes place. Furthermore, the lawyers will also provide information on these matters and work hard to help their clients obtain the best outcome.


Poorly-Handled Workplace Investigation: What Happens?


Bungled workplace investigations can lead to a trail of destruction to take place, which includes:

  • The chances of legal action
  • Distressed workers
  • A sense of distrust
  • Unresolved problems


There are many law cases in Australia where a majority of the cases on workplace investigations have been viewed as unfair, delayed or completely one-sided. This type of situation has led to the reimbursement or reinstatement of all the employees.


The outcome of a poorly handled workplace investigation can lead to a negative public perception and bad press, which is certainly not good for the employer.


Using the Experience to Enhance the Workplace


Workplace investigations are not always a good experience, but it can certainly be a productive one. The skilled employment lawyers in Perth have said that a properly conducted workplace investigation will include an inclusive examination report.


But the lawyers have also said that the investigations also come with an ideal report paired with neutral remarks on what had led a person to make the complaint in the first place.


Employers will be equipped with practical steps on how they can address all the human resource, cultural and operational problems.




Workplace investigation can be extremely complicated and stressful for employees. The investigation is conducted for 2 weeks to 3 weeks, and many of the employees might feel pressured or nervous in such situations.


If he/she has become a target in this investigation, it’s important to speak with the Employment Lawyers. They will offer some legal advice and tips on such matters and how he/she can prepare a response when they get questioned.

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