The following is a summary of a 2026 educate+ Webinar, presented by Peta Nowacki, Workplace Relations Director, Working Together.
When a serious workplace concern arises, launching a formal investigation can feel like the safest response. However, an investigation is not always the most effective way forward.
Workplace investigations are valuable fact-finding processes, particularly when accounts differ or a potential breach of policy, legislation, an employment contract or professional code must be established. However, they can also be costly, time-consuming and damaging to individuals, relationships and team morale.
The first step is to pause and consider what the situation genuinely requires. Mediation, restorative practice, a cultural review, facilitated conversations or a preliminary assessment may resolve some matters more constructively. An investigation is more likely to be necessary when:
- the alleged conduct is serious, repeated or involves safety
- there is a significant dispute about what occurred
- earlier attempts to resolve the issue have failed
- disciplinary action or termination may result
- allegations involve a senior leader or decision-maker
- policy, legislation or child safety requirements mandate it.
Schools and other educational institutions are experiencing a rise in complaints involving bullying, team dysfunction, performance management and child safety. These matters are often complex, highly sensitive and capable of affecting the broader workplace and learning environment.
If an investigation is required, choosing the right investigator is critical. An internal investigator may be appropriate if they have the expertise, time and genuine independence to undertake the process. An external investigator may be preferable when senior leaders are involved, the matter is particularly sensitive or the internal investigator may later become the decision-maker.
Recent Fair Work Commission decisions reinforce that a valid concern does not compensate for a flawed process. Allegations must be clear and specific, those involved must have a genuine opportunity to respond, and all relevant evidence must be considered. Witnesses should be interviewed separately, electronic records gathered promptly and comparable employees treated consistently. Importantly, a substantiated allegation of bullying does not automatically amount to serious misconduct. The seriousness of the behaviour and the appropriate response must be assessed separately.
Key Takeaways
- Acknowledge complaints promptly and explain what will happen next
- Decide whether investigation is the most appropriate pathway
- Choose an investigator who is capable, impartial and independent
- Gather evidence early, including emails, messages and digital records
- Interview a representative range of relevant witnesses separately
- Keep counter-complaints and performance matters distinct
- Match any disciplinary response to the seriousness of the conduct
Why This Matters
A fair, timely and proportionate process protects everyone involved. In education, it also helps preserve trust, workplace wellbeing and the relationships that underpin safe, effective learning Communities.
