Home - How can a worker appeal findings of an investigation?
October 03, 2021 on chapter Disciplining workers

We have recently conducted an investigation into alleged misconduct for a health and safety procedure breach. What is the process if a person were to formally appeal the outcome of an investigation?

There is generally no formal avenue to appeal the outcome of a workplace investigation, unless this is provided for in an organisation’s disciplinary process by contractual arrangement or enterprise agreement, or through intervention/assistance of compliance bodies, such as the Fair Work Ombudsman.

Where an appeals option does reside in an organisation following a workplace investigation, an employee may be able to have their case reviewed, often by a third party. In such situations, the third party will generally review the investigation report and supporting documents to confirm that the conclusions drawn were sound and substantiated by the evidence, or to overrule them.

In limited situations, a workplace investigation may be examined in relation to an adverse action or unfair dismissal claim if there is evidence to suggest, for example, that the investigation was flawed or procedurally unfair. Any such avenue will, of course, depend on the particular circumstances at hand.

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