Workplace Investigations: How to Draft an Effective Allegations Letter

This document sets the tone for the investigation, defines its scope and underpins procedural fairness for the employee involved. 

For club managers, getting this right is not just good practice, it is essential to protecting the integrity of the process and minimising legal risk.

Elements of a well-drafted allegation

Precision matters. It is critically important that allegations are not vague or ambiguous. As far as practicable, each allegation should clearly address the following:

• When did the alleged conduct occur?
• What is alleged to have occurred?
• Who was the conduct directed towards or who was affected?
• Where did the alleged conduct occur?

For example, rather than stating “a few weeks ago in the office”, a more appropriate allegation would specify “in or around January 2026, in the office area near the printers”. This level of detail ensures the employee has a genuine opportunity to understand the allegation and provide a meaningful response.

Objectivity is equally important. Allegations should avoid emotive language or assumptions about intent, such as “the employee tried to make me quit”. Instead, allegations should focus on observable conduct. Feelings, opinions, or inferred motives are not capable of objective proof and should be avoided.

Where possible, allegations should also be linked to the relevant workplace policy, code of conduct or legislation. This provides a clear framework for assessing the conduct and informs the employee of the standards they are alleged to have breached. For example: “This conduct, if substantiated, may constitute a breach of the Club’s Bullying, Harassment and Discrimination Policy.”

The importance of acting promptly

Timeliness is another critical consideration. Delays in commencing an investigation can result in fading memories, lost evidence and compromised outcomes. Acting promptly after a complaint is received demonstrates the club’s commitment to fairness and procedural integrity.

Conducting an allegations meeting

An allegations letter should always invite the employee to attend an allegations meeting, providing them with an opportunity to respond before any findings are made. This step is central to procedural fairness and is essential in ensuring the investigation process is balanced and defensible.

As a general rule, clubs should provide the employee with at least 24 hours’ notice before the allegations meeting.

Clubs should also not unreasonably refuse an employee’s request to have a support person present at the meeting. While either the club or the employee may take notes during the meeting, audio or video recording must not occur without the consent of all parties.

Key takeaways for member clubs

Workplace investigations must be thorough, fair and legally compliant. To support this, member clubs should ensure they:

• Draft allegations that are clear, objective, and linked to relevant policies or laws;
• Avoid vague language, emotive statements and untested assumptions;
• Act promptly to preserve evidence and uphold fairness; and
• Always invite the employee to respond to allegations before making findings.

For assistance with workplace investigations or preparing letters, please contact the ClubsNSW Workplace Relations team on 1300 730 001.