What is the first step when an employee alleges misconduct?

The first step is to listen and document. Create a written record of the complaint, including dates and witnesses, but do not promise a specific outcome before an investigation is complete.

Why is procedural fairness important?

Procedural fairness prevents unfair dismissal claims. It ensures the accused knows the allegations against them and has a genuine opportunity to respond before any disciplinary decision is made.

Should I hire a lawyer for a misconduct investigation?

For serious or complex allegations, it is advisable to consult an expert (like an independent investigator or employment lawyer) to ensure the process is legally compliant and unbiased.

What To Do If An Employee Alleges Workplace Misconduct. ⋆

In today’s business world, reputation is everything. It takes years to build trust, but only one incident of unchecked misconduct to destroy it.

Working effectively is challenging enough without the added stress of internal conflict. Yet, in any workplace, issues will arise. An employee might allege fraud, harassment, or safety breaches.

If an employee makes a claim, your response dictates your future liability. A botched response can lead to a lawsuit. Here is how to handle a Melbourne misconduct investigation without creating legal liability for your company.

Step 1: Listen and Document

When an employee approaches you with a complaint, do not be defensive. Be empathetic.

Your goal is to gather the initial facts:

Take detailed notes of the conversation.
Ask for specific dates, times, and witnesses.
Do not promise a specific outcome (e.g., “I will fire him”). Promise only to look into it.

If the complaint is about you or another executive, step aside immediately. You cannot investigate yourself. You must appoint a neutral third party to avoid bias.

Step 2: Consult an Expert

If the allegations are serious (e.g., sexual harassment, fraud, or violence), do not try to handle it alone.

Consulting a lawyer or launching a professional Melbourne workplace investigation ensures you are protected.

Why? Because if you rush into disciplining someone without a proper process, you open the door to an Unfair Dismissal claim. An expert ensures you follow the Fair Work Act to the letter.

Step 3: Evaluate the Allegation (Triage)

Not every complaint requires a full-scale investigation. You must triage the issue.

Ask yourself:

Is it Interpersonal Conflict? (e.g., “Reviewing the tone of an email”). This might be solved with mediation.
Is it Misconduct? (e.g., “Stealing stock” or “Racist slurs”). This requires a formal investigation.

This applies regardless of location. Whether you are in the city or conducting a workplace investigation in Wangaratta, the standard for “Serious Misconduct” remains the same under national law.

Step 4: Procedural Fairness (The Meeting)

If you proceed to an investigation, you must interview the accused employee. This is a strict legal requirement.

You must:

Provide them with a letter outlining the specific allegations.
Give them time (usually 24-48 hours) to prepare.
Allow them to bring a Support Person.
Give them a genuine chance to respond to the evidence.

Step 5: The Outcome

Once the investigation is complete, you must make a decision based on the evidence.

Substantiated: The evidence supports the claim. Disciplinary action (warning or termination) is warranted.
Unsubstantiated: There is insufficient evidence. No disciplinary action is taken against the accused.
Vexatious: The complaint was made maliciously with no basis in truth. In this rare case, the accuser may face disciplinary action.

Conclusion

When an allegation lands on your desk, do not overreact. Panic leads to procedural errors.

Take note of the details, evaluate the severity, and engage independent help if the risk is high. By following a structured process, you protect your business and ensure a fair outcome for everyone involved.

Dealing with a Serious Allegation?

Jolasers provides expert, independent advice to help you navigate misconduct claims.

Telephone: 0418 101 164 (Stephen Oliver)

Call Now: 0418 101 164

Service Areas:
Melbourne Misconduct | Wangaratta Investigations

Common Questions

Can I stand the employee down?

Yes, but usually on full pay. Suspension without pay is generally unlawful unless the employment contract or Enterprise Agreement specifically allows it for serious misconduct.

What if it’s ‘he said, she said’?

You must decide on the ‘balance of probabilities.’ Look for corroborating evidence like emails, CCTV, or witness accounts to see whose version is more likely to be true.

What constitutes ‘Serious Misconduct’?

This includes theft, fraud, assault, sexual harassment, or being intoxicated at work. Serious misconduct can be grounds for summary dismissal (instant firing without notice).