An employee, manager, witness, contractor or representative can raise a concern. The employer's authorised decision-maker usually decides whether a formal investigation is needed.
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Workplace investigations Perth
Workplace investigations: what they are, when you need one and who should conduct it.
A workplace investigation is a structured fact-finding process used to test allegations, review evidence, interview participants and make findings. Stephen conducts independent investigations for WA employers when a matter is serious, disputed or unsuitable for an internal reviewer.
Check how Stephen can helpThe investigator may be a capable and impartial internal employee or an external workplace investigator appointed by the employer.
The investigator works within agreed terms of reference. A private external investigator can request information and interviews but does not receive the compulsory powers of a regulator or police officer.
The investigator makes factual findings within the scope. The employer should retain responsibility for any disciplinary, safety or organisational decision that follows.
Choose the right investigator
Internal or external workplace investigation?
External is not automatically better. The right choice depends on seriousness, conflict, capability, trust in the process and how closely the findings may later be scrutinised.
Internal investigation
- May suit when
- The matter is lower risk, the facts are reasonably contained and a trained internal person is available without an actual or perceived conflict.
- What it offers
- Faster access to workplace context, systems and people, often with less direct cost and disruption.
- What to check
- Check capability, authority, confidentiality and perceived bias. Do not appoint someone who is involved in the complaint or has already formed a view.
External investigation
- May suit when
- The allegations are serious or complex, involve senior people, create an internal conflict, exceed internal capacity or are likely to face close scrutiny.
- What it offers
- Greater independence, dedicated investigation time, structured interviews and a findings report prepared outside the management chain.
- What to check
- Set clear terms of reference and secure information-handling arrangements. The external investigator still has no automatic power to compel evidence or decide the employment outcome.
What good looks like
When should an employer conduct a workplace investigation?
A formal investigation is most useful when facts are disputed, the possible outcome is serious or the employer needs impartial findings. It is not automatically required for every complaint or workplace disagreement.
Serious or disputed allegations
Investigate when important facts are contested and the employer needs a reliable basis for deciding what occurred.
Possible disciplinary action
Use a fair fact-finding process before relying on alleged misconduct for a warning, termination or another serious outcome.
Conflict or seniority
Independent investigation may be needed when a manager, owner or internal decision-maker is involved or may be perceived as biased.
Safety or systemic risk
A structured investigation may help when allegations point to broader bullying, harassment, discrimination, safety or cultural risks.
Employer checklist
What happens during a workplace investigation?
- Triage the complaint and address immediate safety, wellbeing, conflict and evidence risks.
- Decide whether a formal investigation is necessary and appoint an appropriate investigator.
- Set the scope, terms of reference, allegations, roles and secure record-handling process.
- Gather relevant documents and interview the complainant, respondent and necessary witnesses, recording interviews where appropriate consent has been obtained.
- Give the respondent a genuine opportunity to answer the allegations and relevant adverse material.
- Make reasoned findings, prepare the report and return the matter to the employer's decision-maker.
Common traps
What can make an investigation unreliable?
- Starting with a preferred outcome instead of an open factual question.
- Using allegations so vague that the respondent cannot meaningfully answer them.
- Appointing an investigator with a real or perceived conflict of interest.
- Secretly recording, searching or monitoring without first checking the applicable law and authority.
- Adding adverse information to the findings without a fair opportunity to respond.
- Treating the investigator's report as the disciplinary decision instead of a factual input for the employer.
Evidence and legality
An external investigation does not automatically make the evidence lawful.
Fair Work Commission guidance describes a case where an employer entered an employee's vehicle without authority and took an oil sample for testing. The evidence was unlawfully obtained and was not admitted. The Commission is not strictly bound by the rules of evidence, but fairness, reliability and the way material was obtained still matter.
Collect only relevant evidence through lawful and authorised methods. Get legal advice before covert recording, tracking, accessing private accounts or searching personal property.Read the primary source: Fair Work Commission: EvidenceWhat is a workplace investigation?
A workplace investigation is a structured fact-finding process. It defines the allegations and scope, gathers relevant records, interviews participants, gives the respondent a fair opportunity to answer adverse material and makes reasoned findings for the employer.
Who can initiate a workplace investigation?
A concern may be raised by an employee, manager, witness, contractor or representative. The employer, board, owner or another authorised decision-maker usually decides whether to commission a formal internal or external investigation. A regulator or police agency may separately begin its own investigation under statutory powers.
Who can conduct a workplace investigation?
An investigation may be conducted by a capable and impartial internal employee, such as a trained HR practitioner, or by an external workplace investigator appointed by the employer. The person needs appropriate authority, skill, access to relevant information and freedom from actual or perceived conflict.
When is an internal workplace investigation appropriate?
An internal investigation may suit a lower risk or contained matter when the organisation has a trained and impartial person available, no senior leader or decision-maker is involved, and participants can reasonably trust the process.
When should an employer use an external investigator?
External investigation may be appropriate when allegations are serious or complex, involve senior employees, create a conflict, exceed internal capacity or are likely to be closely scrutinised. Independence can also help when confidence in an internal process is low.
Can evidence from an external workplace investigation be used in proceedings?
Yes. Evidence gathered during an external workplace investigation can be relied upon in proceedings such as those before the Fair Work Commission. The investigator will ordinarily need to give evidence and be available for questioning, with the report and underlying material supporting that evidence. The employer should still ensure the evidence was collected lawfully and the process was fair.
Can an external investigator force an employee to participate?
A private workplace investigator does not have the compulsory powers of police or a regulator. Participation may depend on employment duties, policies and any lawful and reasonable direction from the employer. The employer should obtain specific advice before treating a refusal as misconduct.
Can a workplace investigation interview be secretly recorded in WA?
SJF strongly recommends recording investigation interviews where appropriate consent has been obtained. A recording provides the most accurate account of what was said and allows issues to be checked or clarified later. Secret recording should not be assumed to be lawful: the WA Surveillance Devices Act regulates recording private conversations and activities and restricts how recordings may be used or communicated.
Does every complaint need a formal investigation?
No. The employer should assess the seriousness, disputed facts, safety issues, applicable procedure and possible outcomes. Some concerns can be resolved or managed without a full formal investigation.
Can an investigator guarantee confidentiality?
No. An investigation should generally be conducted confidentially and information limited to those who reasonably need it. However, the identity of a complainant cannot always remain confidential where procedural fairness requires sufficient information to be disclosed so the respondent can understand and answer the allegations.
Who decides the disciplinary outcome?
The investigator commonly makes factual findings within the terms of reference. The employer's authorised decision-maker should then consider the report, the employee's response and any relevant circumstances before deciding the employment outcome.
Check the source
Primary guidance used on this page.
- Fair Work Commission: Valid reason relating to capacity or conduct
- Fair Work Commission: Opportunity to respond
- Fair Work Commission: Evidence
- OAIC: Workplace monitoring and surveillance
- OAIC: Employee records exemption
- WA Surveillance Devices Act 1998
- WorkSafe WA: Psychosocial hazards code of practice
This page provides general information for employers. Workplace outcomes depend on the employing entity, applicable system, instrument and facts. It is not legal advice. Read the full website disclaimer.
How Stephen can help
Get the facts without compromising the process.
Stephen helps employers decide whether a formal investigation is necessary, define the terms of reference, conduct independent interviews, assess documentary and electronic evidence, provide a fair opportunity to respond and deliver a clear findings report for the employer's decision-maker.