It’s always been important to act honestly during a workplace investigation.

And it’s now been confirmed by the Full Bench of the Fair Work Commission in an unfair dismissal case about an employee’s duty to act honestly and with candour during workplace investigations.

The decision shows that employees under investigation by their employer are much better off being honest about the allegations than to lie. And that it is better to rely on the right to silence during investigations than it is to lie.

The case also involved conduct outside of work for which the employer had taken action against the employee.

The Fair Work Commission decided that for conduct outside of work to have an impact on the employment of an employee, the conduct must:

  • be likely to cause serious damage to the relationship between the employer and employee,
  • directly damage the employer’s interests, or
  • be incompatible with the employee’s duty as an employee.

Because of this decision, there are fewer grey areas where employers and employees can find themselves arguing during any future investigations.

If you are a workmate who is a member of the union is ever involved in a workplace investigation, calling our member contact centre on 1300 855 570 for advice and assistance.

You don’t need to go through a workplace investigation alone – the ASU can be right there by your side.

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