If you are the subject of a workplace investigation, you should understand your rights and responsibilities in the process. This article is the first in a series of 2 articles about some things you need to know about workplace investigations.
Do I have to take part an investigation?
Generally yes. A workplace investigation is a workplace process that your employer can lawfully and reasonably expect you to participate in.
Do I have to attend a meeting out of hours?
You may be able to reasonably refuse to take part in an investigation meeting that is held outside of your work hours, when you are sick, or when you have other responsibilities such as collecting children from school.
However you should also consider if there may be advantages for you in cooperating with the request. For example an out of hours meeting may be a more discreet process.
Can I record the meeting?
The laws about recording conversations vary from state to state. In Queensland it is lawful to record a conversation in which you are participating. Even so it is generally recommended to explain to the employer that you are intending to record the conversation. As a workplace investigation is a workplace process, the employer can give you a workplace direction to not record it.
Can I have a support person?
You are able to ask for a support person. You should ensure that the person does not have an interest in the investigation that may adversely affect the investigation process. For example it is not usually suitable for a witness in the investigation to be a support person. Unreasonable refusal by an employer to a support person may be a relevant fairness factor if you are dismissed and eligible to bring a claim for unfair dismissal.
Can my employer look at my emails or monitor my internet use?
The laws about this vary from state to state. In Queensland it is lawful for an employer to look at your work email and internet accounts without giving you notice about that. Accordingly you should take appropriate care in the use you make of your work email and internet accounts.
Implications
Workplace investigations can involve complex factual and legal issues. An employee who is subject to an investigation should take early advice about how to effectively respond to the process.
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