Under the WHS Act and WHS Regulations, the psychological safety of employees in the workplace has become an essential focus. What this means is that businesses are required to create an environment where workplace interactions and behaviours do not cause physical or psychological harm.

But what happens when an investigation itself becomes the very cause of psychological harm?

Formal workplace investigations are stressful and emotionally charged, no matter what steps are taken to normalise them. Employees involved in an investigation can feel heightened vulnerability, feel anxious or even isolated. Investigations don’t only affect the people directly involved in the complaint, they can have an inadvertent impact on witnesses, support personnel such as HR professionals and line leaders. Without thoughtful intervention, the process itself could undermine morale and employee wellbeing.

This is where HR and leadership professionals have a crucial role to play, ensuring psychological safety in the workplace, even when difficult conversations and processes are underway.

Why is psychological safety so important?

Investigations are designed to uncover the facts and uphold fairness. However, for employees, the process often brings uncertainty. Whether they are a complainant, respondent or witness, (or even just someone who hears the uninformed whispers of speculation) fear of the outcome may put psychological safety within the workplace at risk. Those involved may fear being perceived unfairly, and others may fear the implications.

Perceived psychological safety is important because it can directly influence how openly people participate during an investigation. If employees don’t feel safe, they may withhold information or avoid engagement, all while experiencing stress, which will then affect both the wellbeing of individuals and the integrity of the investigation.

Maintaining a psychologically safe environment ensures that everyone involved can share their perspective honestly and without fear, leading to better outcomes and greater organisational trust.

Risks to Psychological Safety During Investigations

While investigations must be neutral and objective, they can unintentionally trigger emotional distress or feelings of exclusion. Common risks include:

• Lack of communication

Not knowing what’s happening or what to expect can heighten anxiety. Keeping those involved with compassion and understanding, goes a long way in reducing the anxiety and assuring fairness. We often find that under communicating the process, (importance of confidentiality, reiterating timelines and behaviour expectations while an investigation is underway) is the single biggest reason for a feeling of lack of psychological safety during investigations.

• Perceived bias

Even the perception that an investigation isn’t impartial can damage trust. Perceived bias can come from an inadvertent comment about the allegations or witness statements, breach of confidentiality, office gossip mills, previous history of conflict between key people, rushed investigations, pre-determined outcomes and so much more. Keeping perceived bias in check not only provides psychological safety, it ensures procedural fairness.

• Isolation

Colleagues may avoid involved employees for fear of awkwardness, leading them to feel ostracised and unfairly treated. Stand down processes, not always avoidable, can inadvertently make employees feel isolated and be seen as harsh and punitive, even though stand downs are not intended to be so. It is critical for organisations to determine whether stand downs are necessary and consider other methods of mitigating the risk of evidence tampering or escalation of the interpersonal conflict.

• Stigma and fear

Some employees worry their reputation will be permanently affected, regardless of who is at fault. Fear of how to rebuild trust and repair relationships can also create strain.

• Extended timeframes

Investigations that are not concluded within reasonable timeframes can create heightened psychological risks for those involved, particularly complainants and respondents. It is a moral and legal obligation of the employer and investigator to complete the investigation in a timely manner, in order to manage the risk of continued, long term psychological strain. To achieve this, employers and participants alike must ensure that the investigator receives documents, evidence and can conduct interviews within a timely manner. An investigator chasing evidence is never a good sign – and can significantly compromise timeliness.

Recognising these risks is the first step in mitigating them.

Supporting Psychological Safety – What HR and Managers Can Do

To ensure employee wellbeing during investigations, it’s essential for HR leaders and managers to take proactive, compassionate steps.

1. Clarify the Process

Workplace investigation procedures typically include: initial complaint assessment, a formal review, interviews, analysis, and a final outcome or recommendation. But with all the emotional triggers, employees can find the process confusing and lacking in transparency.

Managers must take the time to explain each stage clearly; including timelines, roles and what ‘true’ confidentiality means. Clarity around the process will reduce confusion and build trust.

2. Communicate Consistently and Respectfully

Through regular, empathetic communication, you can ensure employees feel safe during an investigation. Check-ins are important – not to gather evidence, but to offer support and to ensure their psychological needs are being met.

Make it clear that the organisation values fairness, confidentiality and employee wellbeing.

3. Provide Access to Support Services

There is no doubt that investigations can be emotionally draining. Providing access to tools like Employee Assistance Programs (EAPs), external counselling or even wellbeing apps, encourages employees to process their feelings in a healthy way. In addition, employers should consider nominating an independent colleague who complainants and respondents can speak to if they need support. This person can be a manager, HR professional or a senior leader who is unbiased and can provide procedural support when needed.

Clarify, to those involved, that these services are confidential. Ensure employees understand that choosing a support service will not be negatively perceived by management. Indeed, communicate that any form of support for employee wellbeing is encouraged.

4. Equip Managers with the Right Skills

Managing workplace investigations goes way beyond following procedures. Managers and leaders must be trained to notice signs of distress, responding to employees with empathy, as well as avoiding inadvertently fuelling fear or speculation.

5. Reinforce Organisational Values

Ensuring psychological safety in the workplace should not be an ‘afterthought’ when a complaint has been lodged, it should be part of your culture. Leaders within the organisation must continually reinforce that speaking up is respected, fairness is non-negotiable and that every employee’s voice matters.

Can Psychological Safety Influence Investigation Outcomes?

When employees feel safe, they’re more likely to speak truthfully, share relevant context, and engage meaningfully with the process. On the other hand, a fearful environment may result in silence, defensiveness or incomplete information, which could compromise the outcome.

Ultimately, the level of psychological safety perceived within the organisation will affect investigation outcomes because it will dictate how openly people participate.

The Role of Confidentiality and Communication

Confidentiality is a double-edged sword. While it protects privacy and integrity, poor communication about its purpose can breed mistrust. Unfortunately, it’s part of human nature to speculate, and gossip may perpetuate even when confidentiality hasn’t been breached. That’s why it’s important to clearly explain to complainants, respondents, witnesses and managers what confidentiality means, as well as who information will be shared with, and why. Don’t assume that simply sharing policies will ensure confidentiality; it pays to explain with practical examples what can and can’t be said and to whom.

Good communication and strong confidentiality protocols work together to create trust.

It’s fair to say that most organisations cannot, and should not, avoid workplace investigations when complaints arise. But maintaining a psychologically safe environment throughout the process is imperative.

By being transparent, communicative and compassionate, managers and leaders can ensure employees feel protected, valued and supported, even in times of uncertainty. And in doing so, they not only preserve their wellbeing, they strengthen the integrity and credibility of the entire investigation process.

In Australian workplaces, where both psychological safety and procedural fairness are central to best practice, this balanced approach is more than a strategy, it’s a necessity.

If you’re unsure on how to implement and maintain psychological safety in your workplace, reach out to an HR professional.