Workplace Investigations

When should workplace investigations be undertaken?

Often when issues arise in the workplace there are a number of competing viewpoints and versions of events, particularly where there are accusations of bullying or harassment. In these circumstances, a workplace investigation will often be necessary to establish exactly what has happened so that the appropriate action can be taken.

An appropriate investigation is also important to protect the business from any claims arising from disciplinary action taken against employees. Prior to initiating any disciplinary process against an employee for issues of misconduct, you must establish all relevant facts so you can make a decision based on the evidence. If you dismiss or discipline an employee for misconduct without thoroughly investigating, you are exposed to the risk of claims being made against the business in the Fair Work Commission. If it is found you unlawfully took adverse action against an employee or you are unable to show you afforded an employee procedural fairness, you may be ordered to pay significant compensation, penalties and/or to reinstate the employee.

However, we acknowledge that conducting a workplace investigation is not always the answer to every situation. Workplace matters are complex and nuanced, and sometimes an issue is best addressed via other means such as informal counselling or mediation. As specialist employment lawyers, we can assist you in identifying other options you may wish to pursue and when an investigation is, and is not, required.

How do we conduct investigations?

Briefly, we will generally undertake the following steps when investigating issues of misconduct:

1. Review all relevant documentation, including any initial complaint and relevant company policies;
2. Make an initial assessment regarding whether an investigation is required;
3. If so, develop the scope of the investigation;
4. Advise the parties involved (as appropriate);
5. Interview the complainant;
6. Interview witnesses;
7. Collect all other evidence;
8. Formulate the allegations against the ‘respondent’ and give them notice of all the relevant details of the complaint;
9. Interview the respondent;
10. Interview any additional witnesses;
11. Evaluate all evidence;
12. Make findings of what has occurred based on all the evidence; and
13. Draft final report.