How do I document everything in a workplace dispute?

Suppose you're in a conflict situation at work. Maybe you're the subject of a workplace investigation. Maybe you've been put on a Performance Improvement Plan (PIP), or some similar kind of disciplinary measure. Or maybe there's just a bad vibe developing, and you're worried about your future.

If you look for advice, you'll often find the same phrase: "Document everything."

But what does that mean? How exactly do you "document everything"?

Keep your own paper notes of interactions

Your documents might become evidence later down the track. That means you should have control of them. Don't just rely on things that are stored on your workplace's IT system, like emails, calendar invites, and group chats. You should also be careful not to take any confidential information or documents with confidential information.  That can get you in trouble.

Paper notes might seem old fashioned, but they're still useful for recording interactions.

A good note might include:

• the date, time and location of an interaction.
• who was present.
• who said what - making sure to include any noteworthy or unusual phrases or words.
• any questions asked, by you or other parties, and any responses given.

Audio recording might not be a good idea

Technology makes it easy to record audio. But it might not be a good idea to do so.

There are laws and policies that govern when you can record other people, and how those recordings are used.

Depending on where you live, the act of recording itself may be unlawful if the other party didn't know you were recording them—and if they do know they’re being recorded, they will likely act quite differently. Even if it is lawful, in some cases it can be a valid reason to dismiss an employee.

It is usually better to simply keep a journal of significant interactions.

Track your own work and performance

"Document everything" doesn't just apply to interactions. In a period of workplace conflict or uncertainty, it can be useful to document your own work.

Sometimes, employees can be wrongly accused of poor performance. So it might be a good idea to keep a simple record of the work you do every day. If you lose your job, and your former employer claims it was because you weren't working hard enough, a record like this might help establish a case for unfair dismissal.

A slip of the tongue—or a missing step

Employers can't sack you for just any reason. Some reasons are prohibited by law. You can't be sacked for making a workplace complaint, exercising certain workplace rights, or for membership of particular categories (such as your race, sex or sexual orientation).

In addition, employers have to meet a legal standard when they decide to sack someone. If the sacking is harsh, unjust, or unreasonable, it can be considered a case of unfair dismissal.

During an interaction—whether it be a casual conversation or a formal meeting—an employer might make a slip of the tongue that reveals a prohibited reason was on their mind. They might indicate that their decision was a foregone conclusion: after all, just because you’ve done something wrong that doesn’t always mean you should lose your job.

Maybe their mistake will be failing to discuss their concerns with you, when they should have given you a warning or had an open discussion.

Whatever the case, you can help prove it by keeping a continuous, accurate, and honest record as you go. The significance of a particular interaction might only become clear after the fact, when you and your legal team are looking over your notes and putting them in context.

So if you're worried about your situation at work, start keeping a journal. Record your performance and any significant interactions. Even if you never use it, it might give you some peace of mind—and if you end up in a difficult situation, it might help you protect your legal rights.

Seeking advice in a workplace conflict

If you’re in a conflict at work, or if you’ve lost your job, you can get in touch with us for advice

and help. Our team of Australia’s leading employment lawyers can discuss your rights and options, and help you plan your next steps.