Fair Work Centre — For Employers
How you investigate a workplace complaint matters as much as the outcome. Get expert guidance on running a fair, procedurally sound investigation that protects your business and your people.
The Problem
Workplace investigations need to meet the procedural fairness standard the Fair Work Commission applies when reviewing disciplinary decisions — and any related safety concerns must also be managed in line with obligations enforced by the Fair Work Ombudsman.
Every person involved needs to know the allegations against them and have a genuine chance to respond. Skip this and any resulting disciplinary action becomes vulnerable to challenge.
An investigator with a personal stake in the outcome — or who’s simply too close to the people involved — can invalidate findings, even if the conclusion itself was correct.
Poorly managed investigations often generate a second complaint about how information was handled — turning one problem into two.
Sitting on a complaint too long exposes the business to ongoing harm claims and signals the matter wasn’t taken seriously — both work against you if it’s ever scrutinised.
How We Help
Fair Work Centre helps Australian employers scope, run and conclude workplace investigations that stand up to scrutiny — whether the complaint involves bullying, harassment, misconduct or a policy breach.
How It Works
Call 1300 161 828 or book a free initial advice call as soon as a complaint is raised.
We help you scope the investigation and decide who should run it.
Get a fair, well-documented process and a defensible outcome.
A short advice call now can prevent a flawed process becoming a much bigger problem.
Membership
Common Questions
Not every complaint requires a full formal investigation, but you do need a consistent, documented process for assessing each one. Ignoring a serious complaint — bullying, harassment or safety related — creates significant legal and reputational risk regardless of how the investigation is ultimately scoped.
The investigator needs to be impartial and free of any real or perceived conflict of interest. For smaller businesses or complaints involving senior staff, an external investigator is often the safer choice to protect the integrity of the outcome.
Procedural fairness means the person accused knows the substance of the allegations against them and has a genuine opportunity to respond before any findings or disciplinary action are finalised. Skipping this step is one of the most common reasons investigation outcomes are successfully challenged.
Yes, in appropriate cases you can stand an employee down on pay while an investigation is conducted, particularly where there’s a safety risk or risk of evidence interference. This should be framed as a neutral precaution, not a punishment, and should be time-limited.
There’s no fixed legal timeframe, but investigations should be completed as promptly as reasonably possible given the complexity of the allegations. Unreasonable delay can itself become a source of complaint and undermine confidence in the process.
An unsubstantiated finding means there wasn’t enough evidence to support the allegation — it doesn’t necessarily mean the complaint was made in bad faith. Both parties should be informed of the outcome appropriately, and any ongoing workplace relationship issues should still be managed constructively.
No. Fair Work Centre is an independent private advisory service for employers. We are not associated with or authorised by the Fair Work Ombudsman, the Fair Work Commission, or any government authority.
Fair Work Centre is an independent private organisation providing advisory services to employers only. It is not associated with or authorised by the Fair Work Ombudsman, the Fair Work Commission, or any government authority.
Speak to an Employment Lawyer at Fair Work Centre
To change or request cancellation of your Client Membership, please email us with your request at: info@fairworkcentre.com.au.
Refer to our Terms of Service for changes or cancellation requests.
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