What is the workplace investigation process your investigators follow?
Our investigations will generally follow the best practice steps set out below:
Organisation receives a complaint
An employer receives a complaint such as workplace bullying and other workplace complaints. An employer has a duty to act on the complaint including by investigating workplace complaints.
Strategy and scoping
Our lawyers work with clients to identify the most cost-effective way to approach the investigation and narrow in on which allegations will be investigated. Serious allegations will be given priority, such as claims of sexual harassment or serious bullying.
It may also be necessary to stand down workers that are the subject of a complaint or temporarily move them to another location within the business.
Gather documents and information
We interview witnesses and workers, and gather correspondence, CCTV and other relevant evidence. We will also need a copy of the employment contract and any relevant policies and procedures.
Evidence may be obtained from the organisation, third parties, staff members or senior management.
Our workplace investigators analyse the information
Our experienced lawyers will review and analyse the evidence and carry out further fact-finding tasks (where necessary).
It is important to consider whether the evidence is reliable or whether additional information may be needed.
Opportunity to respond and fair processes
We will provide relevant parties with the opportunity to respond to issues identified during the investigation process.
A procedurally fair procedure also requires that decisions are made by people who are independent to issue. This is a key reason why it is helpful to engage our legal firm to manage the matter.
Professional workplace reports
Subject to the strategy and scoping approach, we will make findings of fact, comment on breaches of workplace legislation, policies or procedures and provide an investigation report.
The amount of detail the report goes into will depend on the nature of the issue, the number of people involved, the amount of supporting information and other factors.