Procedural fairness in workplace investigations: Potential flaws and proposals for change

Abstract

In this article, we look at how procedural fairness in workplace investigations into allegations of workplace misconduct may be problematic. Through an analysis of some case law and the survey findings from five experienced investigators, we examine how the process can be flawed by a lack of fairness, neutrality and timeliness. Having then looked at the costs of flawed investigations, the article concludes with suggestions from the Court and those at the coalface on how best to ensure procedural fairness occurs.