Information for Respondents

If someone has made a complaint against you, we may seek your response as part of our workplace investigation. Learn more about what to expect

If you are the respondent in a workplace investigation, you are being asked to respond to allegations. For example, that you were involved in an incident or because someone has complained about your conduct. This may cause you stress which can intensify if you’re concerned about being treated unfairly.

Many incidents and complaints require an investigation, especially if employee misconduct is alleged. When you’re first informed of the issue, your workplace should give you as much information as possible so that you’re fully aware of the allegations.

Will the investigation be fair?

We conduct unbiased, thorough investigations no matter what the issue or who is implicated.

What is the investigation process?

To allow you to prepare and be fully informed, we will send you a letter, which will:

Advise you of the intended investigation
Set out the allegations to which we’ll be seeking your response
Request that you attend an interview

The interview may be in person, by phone or video conferencing, depending on circumstances such as location and COVID-19 restrictions.

You will be invited to have a support person with you at your interview. A support person may be a union representative, lawyer, friend or family member. You should also bring any information that is relevant to the incident or which you believe supports your position.

What else do I need to know?

It’s vital that you understand that:

Our investigations are unbiased and fair
After your interview, we will give you a transcript of the interview
When we provide our report to your employer, we make recommendations about what action to take to resolve the issue
Our discussions with you are confidential
We can’t force you to participate in the investigation. However, your employment conditions may require you to participate. You can seek more information from your employer
Lying or deliberately leaving out information during your interview (and any follow-up interviews) may be misconduct. It can result in your employer taking action against you, such as termination of your employment. You can seek more information from your employer
Contact us with any questions or any other relevant information. During our interview, we will let you know how to get in touch

For more information about your rights and responsibilities during a workplace investigation, see the Fair Work Ombudsman’s website.