Workplace Investigations 2026: When a Complaint Becomes a Claim, a Breach or a Union Matter

In the past, a workplace complaint usually created only one legal risk. Today, it can create multiple legal risks, often arising from the same set of facts. 

Nationally, general protections applications were 57% above the three-year average in the first quarter of 2025–26, while unfair dismissal and other workplace claims continued to contribute to record Fair Work Commission lodgments. Psychosocial injuries also now account for 12% of all serious workers’ compensation claims, representing a 14.7% increase, according to Safe Work Australia. 

For employers, a mishandled workplace investigation can therefore lead to an unfair dismissal or general protections claim, a WHS breach and a psychological injury claim arising from the same complaint. 

Many businesses still manage investigations entirely in-house, with an HR manager or department head acting as investigator, decision-maker and record keeper. While this may appear faster and more cost-effective, it can create serious risks, including a lack of independence, limited legal professional privilege and insufficient consideration of Fair Work, Queensland WHS and anti-discrimination obligations. 

This webinar will examine how employers can conduct fair, independent and legally defensible workplace investigations before a complaint develops into multiple claims.

26 August 2026

12:00 - 1:00 PM AEST

Online

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What We'll Cover

This session is a live pressure test of your current investigation processnot just a discussion of legal theory. 

You will leave with a clear understanding of where your business is exposed and what a defensible, legally supervised process looks like under 2026 conditions.

Our Presenter

Heinz Lapahe - New Photo
Heinz Lepahé
NB Employment Law Principal Lawyer & Director