What is the Role of the Support Person in a Workplace Investigation?

Introduction

Workplace investigations can be stressful and intimidating, especially for employees required to participate as witnesses or respondents. To ensure fairness and procedural integrity, many organisations allow individuals to bring a support person to accompany them during investigative meetings. But what exactly is the role of this person, and what boundaries exist in their involvement?

In this article, we explore the role of the support person in a workplace investigation, clarifying what they can and cannot do, and why their presence is important.

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What is a Support Person in a Workplace Investigation?

A support person in a workplace investigation is an individual chosen by an employee to provide emotional support and reassurance during an investigation meeting. This may include colleagues, union representatives, family members, or trusted friends.

The Fair Work Act recognises the importance of allowing an employee the opportunity to have a support person present in disciplinary or investigative processes. While the law doesn’t always mandate the presence of a support person, denying an employee the option may expose an employer to claims of unfairness.

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Key Responsibilities of the Support Person

The role of a support person is not to advocate, argue, or answer questions on behalf of the employee. Instead, their responsibilities include:

1. Providing Emotional Support
   Workplace investigations often cause stress. The support person helps the employee feel calmer and more confident, making the process less overwhelming.

2. Ensuring Fair Treatment
   While they do not intervene directly, support persons can observe the conduct of the meeting. If they perceive procedural issues or inappropriate behaviour, they may raise concerns outside the formal interview setting.

3. Assisting with Understanding
   A support person may take notes or quietly clarify information after the meeting, helping the employee reflect on what was discussed.

4. Witnessing the Process
   Their presence adds transparency and accountability, ensuring the employee does not feel isolated or powerless.

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Limitations of the Support Person’s Role

It is important to stress that a support person is not an advocate or representative. Their limitations include:

• They cannot answer questions on the employee’s behalf.

• They cannot disrupt or dominate the meeting.

• They cannot provide legal advice during the session.

• They cannot obstruct the investigation process.

Crossing these boundaries risks undermining the investigation and could lead to the support person being asked to leave.

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Why Employers Should Allow a Support Person

From an employer’s perspective, allowing a support person is an important safeguard. It:

• Demonstrates fairness and procedural justice.

• Reduces the likelihood of an unfair dismissal claim.

• Builds trust in the organisation’s handling of sensitive matters.

• Protects the company’s reputation by showing transparency and respect for employee rights.

Employers who refuse an employee’s request for a support person risk criticism from the Fair Work Commission.

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Best Practices for Employees and Employers

• For Employees: Choose someone calm, discreet, and trustworthy who understands their boundaries.

• For Employers: Always inform employees in writing of their right to bring a support person. Clarify expectations about what the support person can and cannot do.

By adhering to these practices, both parties ensure the workplace investigation remains fair, respectful, and compliant.

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Conclusion

The support person in a workplace investigation plays a crucial but limited role. Their primary function is to provide reassurance and moral support, ensuring the process is less daunting for the employee. While they cannot intervene or advocate, their presence helps create a balanced and transparent investigation environment.

For employers, respecting the right to a support person demonstrates procedural fairness and reduces legal risks. For employees, it offers comfort and confidence during a challenging experience.

At Synergy Workplace Investigations, we specialise in conducting thorough, impartial investigations that prioritise fairness, professionalism, and compliance.

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