In the first part of this guide, we explored the initial stages of a workplace investigation, from the shock of being stood down to the carefully worded allegations designed to corner you. We revealed how employers use informal chats and vague letters to build a case whilst leaving you isolated and uncertain. Now, we delve into the final, high-stakes phases of the process. This article covers what happens when the findings are delivered, how to handle a ‘show cause’ notice, and the essential strategic advice on what you must not do when your career is on the line.
Read Part 1: The Truth About Workplace Investigations: How the Disciplinary Process Actually Works – Part 1
Stage 4: The Outcome Stage
Weeks or sometimes months after the investigation began, an email arrives in your inbox titled something like:
“Outcome of Workplace Investigation” or “Findings of Investigation – Confidential.”
It’s short, formal, and to the point, but your stomach drops the moment you see it. This is the moment everything has been leading up to.
The Three Magic Words
The letter will tell you that the investigation has now concluded and that each allegation has been assessed as one of the following:
- Substantiated
- Partially Substantiated
- Not Substantiated
At first glance, those words sound clinical, but their impact can be career-defining.
- “Substantiated” means the company believes, on the balance of probabilities, that the allegation did occur.
- “Partially substantiated” means they believe some elements occurred , which often functions as a polite way of saying, “We think you did something wrong, but we’re not sure what.”
- “Not substantiated” means the allegation could not be proven , but even that doesn’t necessarily mean you’ve been cleared.
The Hidden Meaning of “Partially Substantiated”
Employers often use “partially substantiated” as a middle ground. It sounds balanced and fair, but it’s strategically useful. It lets them say, “We found some concerns with your behaviour,” without having to fully justify a finding of guilt.
In practice, “partially substantiated” can still be used to justify serious disciplinary outcomes, including termination.
Example: Rachel’s Story
Rachel, a project coordinator at a government agency, was investigated for “inappropriate communication” with a contractor. The finding? “Partially substantiated.”
She kept her job, but was issued with a first and final warning. Her annual performance bonus was frozen. A promotion opportunity she’d been shortlisted for quietly disappeared. Even though she wasn’t terminated, the stigma lingered. Six months later, she found out from a colleague that her manager had described her as “on a final warning for misconduct.”
In other words, the finding became a label, and that label followed her.
The “First and Final Warning” Myth
On paper, a first and final warning sounds like a second chance. In reality, it’s often a slow-motion dismissal.
Employers use it as a way to appear lenient while still positioning themselves for an easy termination if anything happens again, no matter how minor. It also allows them to say, “We gave the employee an opportunity to improve,” if challenged later in the Fair Work Commission.
But make no mistake: a first and final warning is not a slap on the wrist. It’s a scar on your record that can affect bonuses, performance ratings, and internal transfers.
Some major employers, including Telstra, banks, and public sector agencies, have been known to automatically block:
- Performance bonuses for the warning period,
- Salary progression under enterprise agreements, and
- Applications for promotions or secondments.
Even if you remain employed, your reputation within the organisation may never fully recover.
Example: Daniel’s Story
Daniel, an operations manager in the utilities sector, received a “first and final warning” for allegedly using an “inappropriate tone” in an email chain. He thought it was no big deal, after all, he wasn’t being sacked.
But three months later, he was denied his annual performance bonus because HR marked him as “ineligible due to active disciplinary record.” When he applied for a senior position, the recruiter politely told him, “We’re looking for someone with an unblemished record.”
The warning was supposed to be a “chance to improve,” but in reality, it was a career limiter.
The Psychological Impact
For many employees, this stage feels like quiet defeat. You’ve endured weeks of stress, answered endless questions, and cooperated at every stage, only to be told that something was “partially substantiated.” You weren’t proven guilty, but you’re certainly not exonerated either.
It’s an in-between space that feels like guilt without proof, punishment without closure. And it’s often the point where employees lose trust entirely, not just in their employer, but in the system itself.
What You Can Do
Even at this stage, you’re not powerless. If you believe the findings are unfair, biased, or unsupported by evidence, you can:
- Request the full investigation report. You are entitled to know how the decision was reached and what evidence was used.
- Submit a written rebuttal or appeal. Many policies allow a short window (often 7–14 days) to respond.
- Seek legal or advocacy support immediately. If the process lacked procedural fairness , for example, if you weren’t given a fair chance to respond or the investigator relied on hearsay , you may have grounds for a general protections or unfair dismissal claim, depending on the outcome.
- Negotiate a clean exit. Sometimes, when trust is broken, a strategic departure under a Deed of Release , with confidentiality and non-disparagement terms , protects your future better than staying under a shadow.
Lesson
When the investigation ends, the real consequences begin. “Substantiated” and “partially substantiated” findings often have career-long consequences even when no dismissal occurs.
So treat this stage as seriously as termination itself. Push back in writing. Ask for transparency. And if you need support, get professional help before signing or accepting anything. Because in the world of workplace investigations, “keeping your job” doesn’t always mean keeping your career.
Stage 5: The “Show Cause” Stage
By this point, the writing is usually on the wall. The investigation has “concluded,” the findings have been “substantiated,” and now comes the final blow, the Show Cause Letter.
The email usually lands with a heavy subject line like:
“Notice to Show Cause Why Your Employment Should Not Be Terminated.”
For most employees, this is the moment when hope fades. The company claims it’s still “considering your response,” but in truth, the decision is often already made.
What a Show Cause Letter Really Means
The letter typically opens with formal language such as:
“Following the findings of the investigation, the company has determined that the allegations against you have been substantiated. The company is therefore considering terminating your employment and invites you to show cause why this should not occur.”
Translated into plain English, it means:
“We believe you’re guilty, and we’re about to sack you, unless you can convince us otherwise.”
It’s framed as an opportunity for you to respond, but in many cases, the purpose is procedural, not genuine. Employers issue a show cause letter to tick the box of procedural fairness, so that on paper, it appears they gave you a chance to be heard before termination.
Example: Michael’s Story
Michael, an operations supervisor, received a show cause letter stating that three allegations had been substantiated, including one for “unprofessional behaviour.” The letter gave him five business days to respond.
He spent the weekend preparing a detailed, written response with evidence showing inconsistencies in witness statements and procedural flaws in the investigation. He submitted it through HR on Monday morning.
On Tuesday afternoon, less than 24 hours later, he received his termination letter. The decision had clearly been made before his response was even read. When he later lodged an unfair dismissal application with our help, the employer admitted under questioning that the decision-maker had signed the termination paperwork before Michael’s response deadline had even passed.
That’s not “show cause.” That’s show theatre.
How Employers Use the “Show Cause” Step
The show cause stage is meant to ensure procedural fairness. In theory, it allows the employee to present evidence or mitigation before any final decision is made. But in practice, it’s often little more than window dressing.
By this point:
- The investigator has delivered their findings;
- HR has drafted a recommendation; and
- Management has mentally moved on from the idea of retaining you.
The “opportunity to respond” is often symbolic, a way to say “we followed due process” if the matter ever ends up before the Fair Work Commission.
The Red Flag: Allegations and Show Cause Combined
Sometimes employers try to shortcut the process by combining both the allegations and show cause in one letter, something like:
“We are writing to advise that you are alleged to have breached the Code of Conduct. You are required to show cause why your employment should not be terminated.”
This is a massive red flag. It means the employer hasn’t given you a chance to respond to the allegations before deciding they’re serious enough for dismissal. That’s the equivalent of charging and sentencing someone in the same breath.
Such a process is fundamentally unfair and can easily be challenged as harsh, unjust, and unreasonable under section 387 of the Fair Work Act 2009 (Cth).
The Emotional Reality
By the time most people reach this stage, they’re drained, mentally, emotionally, and financially. They’ve endured weeks or months of isolation, uncertainty, and fear.
Many tell us they feel like they’re pleading for their livelihood to people who have already stopped listening. And in many cases, they’re right.
It’s not uncommon for the show cause meeting to last ten minutes, with HR quietly reading pre-written notes while nodding sympathetically. When employees walk out, they often describe it as the most powerless moment of their careers.
What You Can Still Do
Even though the odds are against you, this is not the time to give up, it’s the time to act strategically.
Here’s what we advise:
- Always respond in writing. Even if it feels hopeless, your written response becomes crucial evidence later.
- Focus on procedural unfairness. Highlight missing evidence, bias, inconsistent treatment, or failure to provide particulars.
- Request a copy of the full investigation report , you’re entitled to know what you’re responding to.
- Don’t sign or verbally accept anything on the spot. Take time to review any proposed “exit options.”
- Seek immediate legal or advocacy support. A well-prepared written response can set the foundation for an unfair dismissal or general protections claim.
Example: Claire’s Story
Claire, a senior nurse, received a show cause letter stating her “tone” toward colleagues was inappropriate. She contacted us immediately. Together, we prepared a detailed written response highlighting procedural bias, including that her direct manager (the complainant) had been involved in the investigation decision-making.
Two days after submitting her response, the hospital rescinded the termination proposal and downgraded it to a “formal warning.” Why? Because once they realised her letter could be used in a Fair Work claim, they backed off.
That’s the power of a written record and professional advocacy, even at the eleventh hour.
Lesson
A show cause letter is often the final step before dismissal, but it’s also your last opportunity to take control of the narrative.
If your employer has already made up their mind, your written response might not save your job, but it can save your career. It creates a documented history showing that you challenged the fairness of the process, which becomes powerful evidence later.
So if you ever receive one of these letters, remember:
- Don’t panic.
- Don’t plead.
- Respond clearly, factually, and in writing.
Because in many cases, the “show cause” process isn’t about showing cause, it’s about showing courage.
What Not to Do During a Workplace Investigation
This is where most employees make crucial mistakes. There are three things that can quietly destroy your case before it even begins.
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Don’t Resign , Even If You’re Tempted To
When people are stressed, embarrassed, or feel cornered, the instinct is to quit. “If I just resign, this will all go away.” Unfortunately, it rarely does.
Resigning mid-investigation can look like an admission of guilt. The employer can easily tell others you “resigned during a disciplinary process” and that version of events spreads quickly in many industries.
Example:
“Grace,” a childcare worker, was accused of breaching confidentiality after speaking with a parent. Terrified, she resigned within 48 hours. Months later, every centre she applied to asked, “Did you leave your last job because of an investigation?” Even though nothing was ever proven, the stigma followed her.
From a legal standpoint, resigning can also kill your leverage:
-
- You lose the right to negotiate an exit agreement (like a Deed of Release with confidentiality and non-disparagement).
- You risk losing access to Fair Work remedies, since a forced resignation (constructive dismissal) is harder to prove.
- You throw away the opportunity for without prejudice settlement talks that could save your reputation.
Unless there’s a clear strategy behind it, resigning is like throwing away your parachute mid-flight. Stay put until you’ve had legal advice.
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Don’t Confide in the Company’s EAP
When things get stressful, HR will often say:
“If you need support, contact our Employee Assistance Program.”
That sounds nice, but here’s what most employees don’t realise:
EAP isn’t regulated and it’s often paid for (and sometimes monitored) by your employer.
Example:
“Mark,” an IT technician, felt anxious about being under investigation. He called the company’s EAP line, told them about his stress and mentioned he thought his manager was targeting him. A week later, HR referenced his “admission of mental instability” in a performance review.
Lesson: If the employer pays the counsellor, assume the information isn’t fully private. There’s no guarantee your sessions won’t be summarised to management under the pretext of “wellbeing reports.” Instead, book your own GP or psychologist. Through Medicare, you can access up to 10 sessions under a mental health care plan, completely confidential. That’s real privacy, not “corporate-approved therapy.”
At AWNA, we often tell clients: Talking to an EAP counsellor about an investigation is like talking to a priest, who’s wearing a wire.
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Don’t Ignore Your Health , Use Sick Leave Strategically
Sick leave is more than a benefit. It’s a protective right. Handled correctly, it can buy you time, protect your job and strengthen your legal position.
Example:
“Ravi,” a warehouse supervisor, was suspended after a safety complaint. The stress triggered insomnia and panic attacks. On his doctor’s advice, he took one week of certified sick leave. During that time, we lodged correspondence challenging the fairness of the investigation.
By the time HR tried to push for a “show cause” meeting, they had to hold off, because Ravi was on legitimate medical leave. That breathing space allowed us to open without prejudice settlement discussions, leading to a clean exit with confidentiality and a statement of service.
Three key reasons to consider medical leave:
-
- You can only use sick leave while still employed. Once you resign or are terminated, it’s gone.
- It’s your right under the Fair Work Act. If you’re dismissed while properly certified unfit for work, it can form the basis of a general protections claim.
- It gives you emotional breathing room. A short medical break helps you recover and prepare your written responses strategically.
Tip: Keep certificates short (no more than a week at a time) and don’t over-explain to HR. Just submit your certificate and rest.
Putting It Together
Here’s how this plays out in the real world:
A manager gets stood down. HR says “don’t worry, we’re just investigating.” Two weeks later, the questions start, vague, open-ended and exhausting. Feeling cornered, they think about resigning. HR offers the EAP line for “support.” Instead, they contact us.
We help them take controlled sick leave, gather their thoughts, prepare a written response and quietly open negotiations. Within weeks, they walk away with a clean record, a statement of service and a confidential settlement, not a stain on their reputation.
That’s what strategy looks like.
Key Takeaway
If you’re under investigation:
- Don’t resign out of panic.
- Don’t overshare with company counsellors.
- Use your sick leave strategically.
These aren’t just legal tactics, they’re survival tools. At A Whole New Approach, we’ve seen how quickly investigations can go wrong and how employees can turn the tables by staying calm, informed and strategic.
If you’ve been suspended, received an allegations letter, or are facing a show-cause meeting, contact our team. We’ll help you understand your rights, respond in writing and, if necessary, fight back in the Fair Work Commission.
