Workplace Investigations Australia

You should commission an investigation whenever a formal complaint is lodged alleging bullying, harassment, sexual harassment, discrimination, fraud, theft, serious misconduct, or a breach of company policy. You may also need to investigate when patterns of informal complaints suggest a systemic issue, or when a workers compensation claim raises concerns about workplace conduct.

External investigators bring independence, perceived impartiality, and specialist expertise. Internal investigations are often challenged on grounds of bias, particularly when the respondent is a manager or senior leader. An independent investigation produces findings that are more likely to withstand scrutiny in the Fair Work Commission, anti-discrimination tribunals, and courts.

Timeframes vary depending on the complexity of the matter, the number of witnesses, and the availability of parties. A straightforward single-allegation investigation can be completed in two to three weeks. Complex matters involving multiple complainants, historical allegations, or concurrent legal proceedings may take six to eight weeks. We provide estimated timeframes at the scoping stage.

Procedural fairness requires that the respondent is informed of the specific allegations against them, given a reasonable opportunity to respond, allowed to have a support person present during interviews, and that the investigator approaches the matter without bias or predetermination. Failure to afford procedural fairness can invalidate investigation findings and expose the employer to legal claims.

Investigation reports prepared for the purpose of making an employment decision are generally not covered by legal professional privilege unless they are prepared under the direction of a lawyer for the dominant purpose of litigation. We can work under the instruction of your legal team if privilege is required. We also offer recommendations on whether to engage a lawyer to commission the investigation.

We present findings and recommendations to the decision-maker, typically senior management or the board. We do not make the disciplinary decision, as that remains with the employer. However, we can advise on proportionate responses, assist with the communication of outcomes to the parties, and support the implementation of any recommended systemic changes.