In James Crafti v Cohealth Limited [2025] FWC 3285, the Fair Work Commission highlighted the need for careful information management during workplace investigations.
The Case
An employer commissioned an external investigation into an employee’s conduct following client complaints. After the investigation, the employer sent the employee a detailed outcome letter that included which allegations were substantiated, along with the investigator’s reasoning and the evidence relied upon.
The employee sought access to the full report, and the Fair Work Commission considered whether the report was protected by legal professional privilege. The Commission found that including detailed reasoning in the letter went beyond what was necessary and effectively waived any confidentiality protections. Although legal advisers were involved, the investigation’s dominant purpose was disciplinary, not legal advice, so privilege did not apply.
The Commission ordered the employer to provide the full report and related materials. The case demonstrates that employers should clearly define the purpose of any external investigation, keep outcome communications concise and focused on results rather than evidence, and carefully manage confidentiality to avoid unintended disclosure or legal risk.
Lessons for Employers
Case Reference
James Crafti v Cohealth Limited [2025] FWC 3285 (Deputy President Kamal Farouque, 31 October 2025)
Contact Us
Good workplace relations depend on managing information carefully. When communicating investigation outcomes, prioritise clarity, fairness, and confidentiality. When in doubt, reach out. Contact our advisory team on 02 6175 5900 or workplace@mba.org.au
