Workplace Investigations & Disciplinaries

Guiding You Through Your Workplace Challenges

Employers

If you are commencing a workplace investigation, it is critical that you are utilizing the correct investigation procedures and are providing the employee procedural fairness in the process. Correct investigation procedures assist in mitigating the risk of receiving a Fair Work claim.

Our team can provide advice and staff training regarding investigation processes to ensure they are done correctly to better protect your business.

Employees

If you have been subject to a workplace investigation and or/have been invited to a disciplinary meeting, it is important that you seek legal advice.

We can assist in carefully and effectively responding to any allegations, and ensure you are provided procedural fairness throughout the investigation. If the investigation results in your dismissal, we will assess your case and pursue a Fair Work claim to recover compensation for any wrongful dismissal.

Employers Responsibilities During a Workplace Investigation

As an employer conducting a workplace investigation into alleged conduct or an employee’s complaint about the workplace, you are required to afford procedural fairness to the employee(s) being investigated.

Procedural fairness includes but is not limited to:
Investigating the matter thoroughly and fairly (including collecting satisfactory evidence to substantiate any allegations)
Providing specific and clear allegations to the employee(s) being investigated for them to respond to
Giving the employee(s) being investigated ample time to respond to any allegations
Taking an employee's responses to allegations into consideration and investigating these further where appropiate
Not unreasonably refusing the employee(s) from having a requested support person during any investigation meetings
Being fair, impartial and non-discriminatory to all participants in the investigation process
If the investigation is to result in disciplinary action such as dismissal, conducting a meeting explaining the reasoning for the chosen disciplinary action and providing this in writing to the affected employee(s)

What Can An Employee Be Investigated For?

Employees can be investigated for, but not limited to:
Bullying and general harassment
Sexual harassment
Misconduct
Engaging in dangerous/unsafe acts (breaching workplace health and safety expectations)
Breach of employment contract and/or workplace policies

Workplace investigations are usually commenced once potential misconduct has come to the employers attention. Investigations can result in dire consequences for an employee’s employment, including disciplinary action up to and including dismissal. This is why it is important to consult an employment lawyer during this process.