BION Partners, independent workplace investigations

Employee grievance investigations

An employee grievance is a concern, problem or complaint that an employee has about their work, the workplace, or someone they work with, including management. Many grievances can be resolved by discussion at the workplace. When a grievance contains disputed allegations about someone’s conduct, involves the people who would normally handle it, or could lead to disciplinary action, a fair and independent investigation establishes what happened. BION Partners investigates grievances for employers and reports on whether each allegation is substantiated.

What is a grievance investigation?

A grievance investigation is a structured, impartial process for establishing the facts when an employee’s grievance includes allegations that are disputed. The investigator gathers the evidence, gives the people involved a fair opportunity to be heard, and makes findings about whether each allegation is substantiated. The employer then decides what action to take.

Not every grievance needs an investigation. A disagreement about a roster decision may be resolved by a conversation; an allegation that a manager has been belittling a worker for months is likely to need an investigation. The right response should be proportionate to the seriousness of the allegations.

Start with your own procedure

The Fair Work Commission says awards and enterprise agreements must have a dispute resolution clause setting out how disputes are handled. Check the award or enterprise agreement that covers the employee, your policies and their contract before you act, because they may set out steps you must follow. The Commission says resolving a dispute at work can be quicker and cheaper than formal legal action.

The Fair Work Ombudsman’s Effective dispute resolution best practice guide recommends that employers:

  • have a clearly written and accessible complaints procedure
  • nominate more than one person employees can take a complaint to
  • allow the employee to bring a support person to meetings
  • handle the issue confidentially
  • make a record of discussions, including the date and time they occurred
  • make sure complaints are investigated fairly, resolved promptly and without retaliation of any kind.

The Queensland Human Rights Commission likewise advises employers to establish fair, transparent and effective procedures to address complaints confidentially and promptly.

When should a grievance be escalated beyond internal handling?

Consider a formal investigation, and an external investigator, when:

  • The grievance alleges misconduct. For example bullying, harassment, sexual harassment, discrimination, violence, fraud or misuse of authority.
  • It involves the people who would normally handle it. A grievance about the manager, HR or a senior leader cannot be fairly resolved by someone who reports to them.
  • Workplace discussion has not resolved it. The issue has gone through the first steps of your procedure and remains unresolved.
  • The outcome could be disciplinary. Findings that may lead to a warning or dismissal can be tested if the decision is challenged.
  • There is a health and safety risk. Bullying, harassment, poor workplace relationships and interpersonal conflict are psychosocial hazards in Queensland’s Code of Practice.
  • There are several complainants or a pattern. Related grievances, or a grievance that points to a culture problem in a team.
  • It is, or may be, a public interest disclosure. Whistleblower reports can carry extra legal obligations and confidentiality requirements.
  • The grievance alleges victimisation for raising an earlier complaint.

Use the five-question self-check or the printable decision sheet to test your options.

How do we investigate a grievance?

  1. Assess the grievance. We help you assess the matters raised and decide whether a formal investigation is the right response, and whether there are immediate welfare steps to take.
  2. Formulate the allegations. The grievance is turned into specific allegations (what, when, where, who), and we identify any process you are required to follow under your enterprise agreement, policies or contracts.
  3. Agree terms of reference setting the scope, the allegations, the deliverables and the timeframe.
  4. Interview and gather evidence. Interviews are one-on-one and conducted in person or by video call. Every participant gives written consent before their interview. We gather documents such as emails, messages, rosters and records.
  5. Give the respondent a genuine opportunity to respond to the substance of the allegations and the relevant evidence.
  6. Report the findings on whether each allegation is substantiated, on the balance of probabilities.
Diagram: each allegation is framed by what, when, where and who, put to the respondent for a response, then a finding is madeWhatWhenWhereWhoAllegationResponseFinding

See how a workplace investigation works for each stage in detail.

Procedural fairness in a grievance investigation

Queensland’s Public Sector Commission guide on workplace investigations describes two core rules: a person must be given sufficient information to know the case against them and an opportunity to respond (the hearing rule), and a person is entitled to a decision by a disinterested and unbiased decision-maker (the bias rule). Those principles come from public sector administrative law, but they are widely treated as good practice for any workplace investigation.

In practice that means clear, specific allegations; access to the substance of the evidence; a reasonable time to respond; a support person where appropriate; an investigator with no conflict of interest; and reasons for each finding. It also means fairness to the employee who raised the grievance: keeping them informed about the process and explaining the limits of confidentiality at the start. Procedural fairness explained.

Protecting the person who raised the grievance

Raising a grievance can be legally protected. For employers covered by the Fair Work Act (the national workplace relations system, which the Fair Work Commission says covers most employers and employees in Australia), under the general protections being able to make a complaint or inquiry in relation to your employment is a “workplace right”, and an employer must not take adverse action against an employee because of it. The Fair Work Ombudsman explains that adverse action includes doing, threatening or organising things such as dismissing an employee, injuring them in their employment, altering their position to their detriment, or discriminating between them and other employees.

In Queensland, the Queensland Human Rights Commission explains that victimisation, causing or threatening a detriment to someone because they complained or intend to complain about conduct prohibited by the Anti-Discrimination Act 1991, or took part in a proceeding under it, is unlawful even if the original complaint is not proven. Build that into how the parties are managed during and after the investigation.

What outcomes can follow?

The investigator makes findings of fact. The employer decides what, if any, action is warranted. Depending on the findings, that can include:

  • no further action, where allegations are not substantiated, with the outcome communicated to the people involved
  • changes to work arrangements, supervision, policies or procedures
  • training, coaching or a facilitated conversation to repair working relationships
  • disciplinary action, following a fair process. If that action may include dismissal, the employee should be told of the proposed reason and given an opportunity to respond before a final decision.

After a grievance investigation, many teams need help to move on. Our workplace culture and HR services help organisations remediate issues and prevent future misconduct. For when mediation may fit instead of an investigation, see investigation or mediation.

BION Partners does not provide services relating to workers compensation, does not conduct surveillance activities, and does not interview children.

General information only. This page explains the law in general terms and is not legal advice. For advice about your situation, speak with a lawyer.

Book a free initial consultation

Not sure what you need yet? Start with a free scoping call. Send the enquiry form with “Free scoping call” selected, or call 0418 742 230, and we will talk through the matter, the scope and your options. Please keep your first message brief and leave out names and sensitive details.

Book a free scoping call

What to have ready for the call
  • A short outline of what has been reported, in general terms: what is alleged, roughly when and where, and how it came to you.
  • Roughly how many people are involved (complainants, respondents and possible witnesses). You do not need to give names on the first call.
  • Any immediate safety or welfare steps you have already taken, or are considering.
  • The policies, enterprise agreement, award or contract terms that may set out a process you need to follow.
  • Whether your organisation has a sexual harassment prevention plan or a complaints procedure that says how reports will be investigated.
  • Who in your organisation will make decisions once the findings are in.
  • Practical constraints: rosters, swings, leave, sites, and any need for an interpreter or a female investigator.
  • Any deadlines you are working to, and your budget, so the scope can be tailored.

A fuller, printable version: before you call an investigator checklist.

Frequently asked questions

What is the difference between a grievance and a complaint?

The terms are often used interchangeably. An employee grievance is a concern, problem or complaint that an employee has about their work, the workplace, or someone they work with, including management. Your own policy, award or enterprise agreement may use particular terms and set out steps to follow.

Does every grievance need a formal investigation?

No. Many grievances can be resolved by discussion at the workplace. A formal investigation is usually needed when the grievance contains disputed allegations about someone’s conduct, especially where the outcome could be disciplinary.

Can the employee who raised the grievance bring a support person?

The Fair Work Ombudsman’s best practice guide recommends allowing the employee to bring a support person to meetings, such as a friend, co-worker, family member or union representative. Check your award, enterprise agreement and policies for any specific requirements.

Who decides the outcome of a grievance investigation?

The employer. The investigator makes findings of fact about whether each allegation is substantiated; the employer’s decision-maker considers the report and decides whether any action is warranted.

Sources

  1. Fair Work Commission: Resolve a dispute in your workplace
  2. Fair Work Ombudsman: Effective dispute resolution best practice guide
  3. Fair Work Ombudsman: Protections at work fact sheet
  4. Queensland Human Rights Commission: Victimisation
  5. Queensland Human Rights Commission: Discrimination and harassment in the workplace
  6. WorkSafe Queensland: Managing the risk of psychosocial hazards at work Code of Practice 2022
  7. Queensland Public Sector Commission: Managing workplace investigations, a practical guide (2024)
  8. Fair Work Act 2009 (Cth) s 387 (AustLII)

Checked 26 October 2026. Laws and guidance change; check the source before relying on it.

Need an independent workplace investigator?

Tell us briefly what has happened. We will come back to you to talk through options, scope and next steps. Many investigations are completed within about a week. Employers and organisations only.

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