By Siobhann Provost Human Resources Manager & Content Writer

Question: “We are meeting with an employee to discuss a complaint that has been raised against them. They have requested to see the formal complaint submitted by the employee. Do we need to honour that request?” 

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Conducting a workplace investigation

An investigation is essential to:

  • establish what occurred
  • the role people took
  • determine if policies were breached, and
  • allow the person to respond to the allegations.  

For an employee to defend themself against allegations, they must be given sufficient details of the allegations. They are also entitled to have a support person of their choice to be present at interviews and meetings. 

The employee must be informed of the substance of the complaint and provided with all credible, relevant, and significant material that needs to be addressed. 

The employee must be provided with the relevant details of the allegations to allow them to adequately respond before an outcome is determined.

Often, the critical points of the complaint are put to the person, including a quote(s) of what they allegedly said or an example of how they behaved. If there were witnesses, they would need to be interviewed before putting the allegation(s) to the person.

You don't have to provide the initial formal complaint. It may be worth asking the employee what makes them want to see the formal complaint, which will help you understand the reason behind the question. 

 

Confidentiality

Investigations need to be swift and confidential. Witness confidentiality must be protected to avoid retribution from the employee.

A fair process allows an employee to understand the allegations and respond appropriately, providing any necessary support.

An investigation can be costly and time-consuming. Arguably, the cost of not conducting one would be even greater if an employee is dismissed without investigating. It is possible that the Fair Work Commission, a tribunal, or a court may find that the dismissal or disciplinary action was harsh, unjust, or unreasonable in the circumstances of the case. Remedies may include reinstating the employee and payment of compensation or damages.