Workplace Investigations Justice and the Legal Regulation of Employer Conduct

Internal inquiries conducted by employers into suspected misconduct by employees—commonly known as workplace investigations—are significant and common processes in Australia. These investigations carry significant implications for all involved, especially for the employee under scrutiny. Workplace Investigations offers the first comprehensive legal analysis of how such processes are regulated. Drawing on interdisciplinary literature and employing doctrinal, theoretical, and empirical legal research methods, Adriana Orifici examines the central dimensions of law—both statutory and judge-made—that govern employer conduct during investigations. The book critically evaluates these frameworks with a focus on the rights and experiences of the respondent. Central to the volume is the development of a normative framework of justice tailored to workplace investigations. This framework, grounded in ideas about workplace democracy and citizenship, identifies nine key elements that should guide fair and lawful employer conduct. These principles inform a proposal for legal reform aimed at enhancing procedural fairness and accountability. While rooted in the Australian context, Workplace Investigations offers insights and recommendations that resonate across common law jurisdictions such as the United Kingdom, New Zealand, and Canada.

Chapter 1 - Introduction: The Emerging Legal Challenge of Employer Conduct in Workplace Investigations
Chapter 2 - Employer Practices, Conflicts, and Controversies in Workplace Investigations: An Examination of HRM Literature
Chapter 3 - A Framework of Justice for Respondents in Workplace Investigations
Chapter 4 - The Regulation of Employer Conduct Towards Respondents During Workplace Investigations Through Judge-Made Law
Chapter 5 - The Regulation of Employer Conduct Towards Respondents During Workplace Investigations Through Statute
Chapter 6 - An Empirical Profile of Respondents' Views and Experiences of Workplace Investigations from Tribunal Decisions
Chapter 7 - An Evaluation of the Legal Regulation of Employer Conduct During Workplace Investigations
Appendix 1 - Chapter 6-Codebook First Cycle Coding
Appendix 2 - Chapter 6-Codebook Second Cycle Concepts and Categories
Appendix 3 - Chapter 6-Decisions Analysed

Dr Adriana Orifici is a senior lecturer and director of the Labour, Equality and Human Rights Research Group (LEAH) in the Department of Business Law and Taxation, Monash University. Her doctoral thesis, completed at Melbourne Law School, was awarded the Harold Luntz Research Thesis Prize for the best thesis in 2024. Adriana is a lawyer and legal scholar whose teaching and research interests span labour and equality law. She uses doctrinal, theoretical and empirical legal research methods to produce new understandings about the law and its impact on stakeholders at work. Her research has been published in Australia and internationally.