Process
How a workplace investigation works
A workplace investigation moves through six stages: assessing the complaint, setting the terms of reference, notifying the people involved, gathering evidence and interviewing, giving the respondent a fair chance to respond, and reporting findings. The employer then decides what action to take. Here is how BION Partners runs each stage.
Initial assessment
From the time you receive an allegation of misconduct, a complaint or a grievance, we help you assess the matters raised. Questions at this stage include: is a formal investigation the right response, are there immediate safety or welfare steps to take, does the matter need to be referred elsewhere (for example to police or a regulator), and is it a public interest disclosure?
Allegations and terms of reference
We make sure allegations are appropriately formulated: specific enough that the respondent knows what is alleged (what, when, where, who). The terms of reference set the scope, the allegations, the deliverables and the timeframe. We also identify any processes you are required to follow, for example under an enterprise agreement, policy or contract.
Notifying the parties
The respondent is told about the investigation and the allegations, and the people involved are told how the process will run, including confidentiality expectations and any support available.
Evidence and interviews
We interview the complainant, the respondent and relevant witnesses, and gather documents such as emails, messages, rosters and records. Translation services can be provided on request, and experienced female investigators are available where appropriate. Interviews are one-on-one and conducted in person or by video call. Every participant is asked for, and gives, written consent before their interview, covering the interview and how their information will be used in the report to the employer.
We use secure AI tools to help with administrative tasks such as transcription and organising evidence. Every finding is made and reviewed by the investigator, not by AI, and confidentiality is maintained throughout.
Procedural fairness: the right to respond
Before any finding is made, the respondent is given the substance of the allegations and the relevant evidence, and a genuine opportunity to respond. Their response is considered, and further enquiries are made where needed. Procedural fairness explained.
Findings and report
We weigh the evidence on the balance of probabilities, taking account of the seriousness of the allegations, and provide an impartial and thorough assessment of whether each allegation is substantiated. What goes in the report.
Who makes the final decision?
The employer. The investigator finds facts; the employer’s decision-maker reads the report, considers the evidence and decides whether any action is warranted. 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. See investigation findings and unfair dismissal.
How long does it take?
It depends on the number of allegations and witnesses, availability (including rosters and leave), and the volume of evidence. We aim to be prompt without cutting corners. It depends on the size and complexity of the matter. Many investigations are completed within about a week; larger or more complex matters take longer, and we’ll give you a timeframe at the start. More on timeframes.
After the investigation
Following an investigation, we can work with your organisation on tangible changes: policy and protocol review, complaint-handling training, manager and employee training, and ongoing review. See workplace culture and HR.
Frequently asked questions
Can the respondent see the complainant’s evidence?
The respondent must be given enough information about the allegations and the evidence relied on to respond properly. That does not always mean handing over full statements; confidentiality and privacy are balanced against fairness.
What if someone refuses to take part?
The investigation can still proceed on the available evidence. The report will note that a person declined to participate. Whether an employee can be directed to participate depends on their employment terms and circumstances, so take advice.
Sources
- Queensland Public Sector Commission: Managing workplace investigations, a practical guide (2024)
- Fair Work Act 2009 (Cth) s 387 (AustLII)
- Hatch v WesTrac Pty Ltd [2020] FWC 5729
Checked 22 October 2026. Laws and guidance change; check the source before relying on it.