Being the subject of a workplace complaint, and subsequent investigation, can be a very challenging ordeal. Complaints can come for an internal or external source, and usually relate to your conduct in the workplace.
The consequences of an adverse finding against your can be dire. You need to take this seriously, and get help immediately.
What can I expect during the investigation?
Different employers will handle complaints in different ways. As the employee subject to the complaint, it’s critical for you to be aware of your rights in this process:
- You should be made aware of the complaint;
- You must be given a fair opportunity to respond fully to the complaint;
- A full and impartial investigation into the complaint must be undertaken by or on behalf of your employer;
- The fact of the investigation and complaint should be kept confidential;
- You should be kept updated on the progress, status and timing of the investigation;
- The investigation must be finalised in a prompt and timely manner; and
- You must be made aware of the outcome of the investigation and nature of any sanctions.
How should you respond to a complaint?
In short, very carefully!
The formal investigation will require a response from you. Drafting this response is an essential step in responding to the investigation. This is your opportunity to present your side of the case, and your opinion about the complaint.
You will need to decide when to respond, and whether to respond verbally and/or in writing.
We strongly suggest you get our assistance to help you formulate and present your response. There may be things about how you express yourself that have unintended consequences down the track. We have seen many investigations, and can anticipate these issues for you.
The better you present your case at this stage, the better your ‘return to work’ or ‘exit strategy’ is likely to be down the track.
What if you are terminated as a result of the investigation?
A workplace complaint can result in your termination, which is why you need to take it very seriously. Being terminated in these circumstances can have a longer term impact on your career.
Before the process gets out of hand, seek our assistance to help you negotiate the best exit scenario and settlement. Often you can negotiate an exit that is less likely to have longer term consequences. You may even be able to secure some form of severance payment.
If you don’t get our assistance, your employer may take adverse action as a result of the complaint and investigation. This may involve your termination on unfavourable terms. You may even end up with your own workplace rights being violated by your employer, in which case you may have a claim for compensation.
Can you be asked to take leave?
It is quite common for employers to request that an employee being investigated take leave from the workplace. This is particularly so for more serious complaints. This leave should last no longer than is necessary for the investigation to take place. You should expect to be paid your normal remuneration during this period of leave. You should try and refrain from interacting with other employees during this time.
What to do next
If you are the subject of a workplace investigation, or you suspect one may be coming your way, then you need to get professional advice to protect your future.
Call us on (02) 9199 8597 or email us for a no-obligation and confidential chat.
The information contained in this post is current at the date of editing – 16 November 2023.
