A workplace investigation interview is a high-stakes situation. For one employee, it feels like an interrogation. For another, it feels like a trap.
Whether you are the investigator or the witness, this is not a casual chat. The consequences of getting it wrong are dire. If you are conducting a Melbourne workplace investigation, you must plan your approach meticulously.
You want to be non-threatening but thorough. Follow these tips to get the information you need while maintaining trust.
1. Know the Law Before You Enter the Room
Before asking a single question, you must know the rules. In Australia, procedural fairness is king.
Whether you are handling Geelong workplace investigations or operating in the CBD, the principles are the same. You must ensure the employee is afforded natural justice.
Key Requirement: Support Persons
Under the Fair Work Act, you should not unreasonably refuse a request for a support person. It is best practice to proactively offer this option to the interviewee before the meeting starts.
2. Brief All Parties Beforehand
Surprise is your enemy. You should always brief participants on what will happen.
Even for a regional matter, such as a Maryborough workplace investigation, protocols must be followed. Create an interview protocol that outlines:
- How long the interview will take.
- Who will be in the room.
- Confidentiality obligations.
- What happens after the interview.
3. Start with Open-Ended Questions
Closed questions (Yes/No) shut down dialogue. Open-ended questions encourage the narrative.
Bad Question: “Did you steal the money?”
Good Question: “Walk me through how the cash is handled at the end of a shift.”
Start broad. Ask, “How did you come to that decision?” or “What factors influenced your choice?” This allows the employee to explain their mindset without feeling immediately attacked.
4. Ask Neutral Questions
It is easy to slip into accusatory language. You must remain neutral to avoid claims of bias later.
Avoid starting questions with “Why did you…” as it implies they did something wrong. Instead use “Can you explain…” or “Help me understand…”
- Instead of: “Why did you ignore the safety protocol?”
- Try: “Can you describe the safety steps taken on that day?”
5. Summarize and Confirm
Human memory is flawed. Periodically stop and summarize what you have heard.
Say: “I want to make sure I have this right. You entered the office at 9:00 am and saw the file was missing. Is that correct?”
This ensures your notes are accurate and gives the interviewee a chance to correct misunderstandings immediately.
6. Conclude with a Path Forward
Investigations are stressful. Always end the interview by explaining the next steps.
You cannot promise a specific outcome, but you can promise a timeline. Let them know when they can expect to hear back. This reduces anxiety and shows that you are managing the process professionally.
The Truth Will Come Out
An investigation is not a criminal trial. The standard of proof is the “Balance of Probabilities.” You simply need to find enough evidence to determine what most likely happened.
If you plan your interview well, remain neutral, and follow procedural fairness, the truth will surface.
Need Help Interviewing Employees?
Interviewing requires skill and neutrality. Jolasers can conduct independent interviews for you.
Telephone: 0418 101 164 (Stephen Oliver)
Service Areas:
Melbourne | Geelong | Maryborough
Common Questions
Can an employee refuse to answer?
Generally, no. An employer can issue a ‘lawful and reasonable direction’ to answer questions about work duties, provided the answers do not incriminate the employee in a crime.
What does a support person do?
A support person is there to offer emotional support. They cannot answer questions on behalf of the employee or advocate for them during the interview.
Should I record the interview?
Yes, with consent. Audio recording ensures an accurate record and protects both the investigator and the interviewee from disputes about what was said.