Free employer toolkit

Allegation letter checklist

By BION PartnersReviewed General information, not legal advice

The allegation letter tells the person responding (the respondent) that an investigation is under way, what is alleged, and how they can respond. It is where procedural fairness starts: a person must be given sufficient information to know the case against them and an opportunity to respond. Use this checklist before the letter goes out.

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General information, not legal advice. Free to use and adapt for your organisation, no sign-up needed. Check it against your own policies, award or enterprise agreement and contracts, and speak with a lawyer about your situation.

1. The basics

  • Says that a workplace investigation is being conducted, and who is conducting it.
  • Says that no decision has been made, and that the respondent’s response will be considered before any finding.
  • Explains any interim arrangements (for example changes to duties or rosters) and why.

2. Each allegation

  • Is set out separately and numbered.
  • Says what is alleged to have happened, when, where and involving whom. Vague allegations cannot be answered.
  • Uses neutral language that does not assume the conduct happened (“it is alleged that…”).
  • Identifies the policy, code of conduct or standard the conduct may be inconsistent with, if relevant.
  • Matches the allegations in the terms of reference. Any new allegation later gets its own notice and opportunity to respond.

3. Evidence and response

  • Gives the substance of the relevant evidence, or says when it will be provided, so the respondent can respond to it. Unnecessary personal details can be limited.
  • Explains how the respondent can respond (interview, in writing, or both) and by when, allowing reasonable time.
  • Invites the respondent to suggest witnesses or documents.

4. Support and fairness

  • Says the respondent may bring a support person to an interview, and explains the support person’s role. For discussions relating to dismissal, the Fair Work Commission considers any unreasonable refusal to allow a support person to be present.
  • Gives details of support available, such as an employee assistance program if you have one.
  • Explains how an interpreter can be arranged, if needed.
  • Has been checked against the steps required by your award or enterprise agreement, policies and contracts.

5. Confidentiality and victimisation

  • Directs the respondent to keep the matter confidential, while making clear they can still get advice and speak to their support person or union.
  • Says that victimising or retaliating against anyone who raised a complaint or takes part in the investigation is not acceptable. Under Queensland’s Anti-Discrimination Act 1991, victimisation is unlawful even if the original complaint is not proven, and, where the Fair Work Act applies, employees are protected from adverse action for making a complaint or inquiry about their employment.

6. What happens next

  • Explains the next steps and an expected timeframe.
  • If the allegations could lead to disciplinary action, says so accurately, without suggesting a decision has been made.
  • Names a contact person who is not involved in the matter.

Before it is sent

  • Read through by someone not involved in the matter, for tone and clarity.
  • Delivery method chosen with care, so the letter is received privately (and not, for example, read out on site).
  • A copy kept securely on the investigation file.
Notes

Sources

  1. Queensland Public Sector Commission: Managing workplace investigations, a practical guide (2024)
  2. Fair Work Act 2009 (Cth) s 387 (AustLII)
  3. Hatch v WesTrac Pty Ltd [2020] FWC 5729
  4. Queensland Human Rights Commission: Victimisation
  5. Fair Work Ombudsman: Protections at work fact sheet

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

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