Investigation Case Study: Sexual harassment dismissal was botched by “cutting corners”

Important Reminder: Claims of sexual harassment in the workplace require a thorough, independent and fair investigation.

Case Study (FWC Case 2062): An employer who rushed an investigation process last year due to the upcoming Easter holiday and an impending organisational change was penalised and criticised by the Fair Work Commission (FWC) for “cutting corners”.

The employee was dismissed in March 2024 following complaints by two other employees regarding inappropriate comments including sexually suggestive remarks and offensive language. The FWC found that the incidents constituted sexual harassment, regardless of the employee's claim that he was merely joking.

Despite confirming the misconduct, the FWC ruled the dismissal unfair because the investigation lacked procedural fairness. Key issues identified included:

• no efforts to contact a potential independent witness

• superficial questioning

• poor interview formats (e.g. telephone interviews for serious allegations)

• inadequate time taken for the entire investigation and dismissal process

• the investigator sending a draft to the employer before finalisation

• the investigation not being genuinely independent

Outcome: The FWC found that the employee’s dismissal for sexual harassment was procedurally unfair due to a rushed and flawed investigation process, despite there being a valid reason for termination. The employee guilty of sexual harassment was awarded financial compensation.

Key Consideration for Employers: Procedural fairness is essential in workplace investigations. Even where misconduct is proven, dismissals may be ruled unfair if the workplace investigation is not thorough and impartial.

How WorkPlacePLUS can help: WorkPlacePLUS has a qualified team of workplace investigators with extensive experience investigating workplace conflict, complaints and serious allegations. We ensure that fair process and best practice standards are followed with the utmost sensitivity and professionalism for all involved.

For more information or to book an independent workplace investigation, please contact us today.