NSW Am I entitled to HR investigation report that has led to termination?

[JustWantToBeDad]

Hi all,

Recently, my entire team has been investigated by HR on the back of accusations made by a disgruntled former employee during his exit interview.

Both I and the senior project manager have been issued with a notice of intent to terminate our employment, however there is a long list breaches of procedural fairness by the single HR person conducting the investigation.

I have never been presented with the evidence used to substantiate the bogus claims, and each time I have requested the investigation report which outlines the evidence, I have been told that it is an 'internal company document' and they do not have to provide this and are unwilling to do so. It is a total witch-hunt and I believe the investigation was a corporate sham.

Am I entitled to receive a copy of the investigation report, as is my understanding of the GIPA, Privacy Act 1988 and Workplace Relations Act of 2009?

 

[Paul Cott]

Hi, I don't believe you would be entitled to the investigation report. It is very standard for an employer to not provide it at this stage, they will say they paid for it to be done, they commissioned and so you are not entitled to it. Procedural fairness is still important though, in the sense that you must be given full detail of the allegations made against you, but not necessarily the evidence. Hope that helps. Paul Cott.

 

[Rod]

Am I entitled to receive a copy of the investigation report

Ordinarily, no.

I am not in NSW and unsure whether an application under GIPA would be successful. Probably worth a try as the cost is low.

Do you mean Fair Work Act 2009 (Cth) instead of Workplace Relations Act of 2009? If yes, then no.

Privacy Act 1988 (Cth) is unlikely to apply a NSW government department

I agree with Paul though in that they should tell you in sufficient detail about the allegations so you can fully respond (if you want to).