Workplace Investigations : Justice and the Legal Regulation of Employer Conduct

Drawing on interdisciplinary literature and employing doctrinal, theoretical, and empirical legal research methods, Workplace Investigations presents the first book-length critical analysis of the legal regulation of workplace investigations in Australia and proposes a novel framework of reform applicable to other common law jurisdictions.

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.