Employee misconduct and misbehaviour investigation

Confidently resolve employee misconduct or misbehaviour with a workplace investigation that protects your business.

When an employee is accused of bullying, harassment, serious misconduct, or simply refusing to follow reasonable directions, you are caught between two risks: act too quickly without a proper process and face an unfair dismissal claim, or fail to act and expose your business to a workplace injury claim or a hostile work environment complaint. A proper workplace investigation changes that position entirely. We investigate the allegations, interview all parties, and prepare a confidential report that tells you what the evidence supports, so you can take decisive action knowing your position is defensible.

What is a workplace investigation and when is one required?

A workplace investigation is a structured, procedurally fair process for examining an allegation of employee misconduct, harassment, bullying, or other workplace wrongdoing. The investigation collects evidence from the relevant parties, assesses the credibility of the accounts, and produces a confidential report setting out whether the allegations have been substantiated and what action is recommended. Under the Fair Work Act 2009 (Cth), an employer who dismisses an employee for misconduct without a procedurally sound investigation risks an unfair dismissal finding even where the underlying misconduct was genuine. For allegations involving bullying, harassment, or sexual misconduct, the employer may also face liability under work health and safety legislation if it fails to act decisively to protect other employees from the behaviour.

Does every misconduct allegation require a formal investigation?

Not every allegation requires a formal external investigation, but a procedurally sound process is required regardless of the level of formality. For serious allegations such as bullying, harassment, sexual misconduct, or suspected fraud or theft, an independent workplace investigation is strongly recommended because the procedural integrity of the process is critical to the employer’s ability to act on the findings and defend any subsequent claim. We advise on whether a formal investigation is warranted and what process is most appropriate for the circumstances.

How long does a workplace investigation take?

The duration depends on the number of allegations, the number of witnesses to be interviewed, and the complexity of the factual issues involved. A straightforward single-allegation investigation can typically be completed within a few weeks, while complex multi-party matters may take longer. During the investigation, the employer should consider whether the accused employee should be stood down on pay, and we advise on whether that step is appropriate and legally defensible in the circumstances.

What does the investigation report include and who sees it?

The investigation report sets out the allegations examined, the process followed, the evidence gathered, the investigator’s findings on whether each allegation was substantiated, and the recommended actions. The report is a confidential document prepared for the employer and is not automatically disclosed to the employee, though certain findings may need to be communicated as part of a fair disciplinary process. We advise on what to communicate to the affected parties following the investigation and how to manage that process.

What action can I take after the investigation?

The action available depends on the findings and the seriousness of the substantiated conduct. Options range from a formal written warning and behaviour improvement plan through to termination for serious misconduct, with summary dismissal available under the Fair Work Act 2009 (Cth) for conduct serious enough to justify immediate termination. We advise on what action the investigation findings support and how to implement it in a way that is procedurally defensible.

An investigation that is procedurally sound and defensible if challenged.

Clear findings that tell you what the evidence supports and what action is available.

Advice on action that minimises your exposure to a subsequent claim.

A rogue employee should not be able to hold your business to ransom.

Whatever action you take in response to a misconduct allegation, your reputation and legal exposure are on the line. Acting without a sound process costs you in one direction; failing to act at all costs you in another. A properly conducted investigation is what lets you act decisively and defend that action if it is later challenged.

When an employee is accused of misconduct, every step you take carries legal risk. A proper investigation protects all of them.

One of your employees has been accused of misconduct, and you are caught between competing risks. If you act decisively without a sound process, you face an unfair dismissal or adverse action claim from the accused employee. If you fail to act, you risk a workplace injury claim from the complainant or a hostile work environment for the rest of your team. Getting the process right is what determines which outcome you face.

We will advise on whether the allegation warrants a formal investigation and what process is most appropriate.
We will conduct the investigation, interview all relevant parties, and assess the evidence on a procedurally fair basis.
We will prepare a confidential investigation report with clear findings on whether the allegations were substantiated and what action is recommended.
We will advise on what action the findings support and how to implement it in a way that minimises the risk of a subsequent claim.

One of your employees has been accused of serious misconduct, and your reputation for running a fair and professional workplace is on the line.

You have been told that one of your employees has been behaving in a way that is affecting other members of the team, or has engaged in conduct serious enough to warrant termination. You know you need to act, but you also know that acting without a proper process can expose you to as much legal risk as the misconduct itself. The pressure to respond quickly is real, but so is the cost of getting the process wrong. What you need is a process that lets you act decisively and defend that action if it is challenged.

What's included in your workplace misconduct investigation service

Allegation assessment and investigation scope advice.
Interviews with complainant, respondent, and witnesses.
Evidence review and credibility assessment.
Confidential investigation report with findings and recommendations.
Post-investigation action and implementation advice.

What happens when misconduct is handled without a proper investigation process?

Employers who act on a misconduct allegation without a proper investigation regularly find themselves defending an unfair dismissal or adverse action claim before the Fair Work Commission, even where the conduct they were responding to was genuine. The Commission will examine whether the accused employee was given a clear account of the allegations, a genuine opportunity to respond, and whether the investigation process was conducted fairly. An employer who bypasses those steps, even with the best intentions, can find that a decision to terminate is set aside and the employee reinstated or compensated despite the substantiated misconduct. The cost of that outcome includes the Commission proceedings, the compensation ordered, the management time lost, and the damage to morale when the rest of the team watches the process fail.

Here is how a properly conducted investigation puts you back in control.

We assess the allegation and advise on the appropriate investigation process before any action is taken. We then conduct the investigation in a way that gives all parties a fair opportunity to be heard, gathers the relevant evidence, and produces clear findings about what occurred and what the evidence supports. The investigation report tells you what action is open to you and how to implement it in a way that is procedurally defensible. Employers who follow a sound investigation process are positioned to act decisively and defend that action if challenged, rather than spending months in proceedings they should have been able to avoid.

Three steps to resolving employee misconduct with confidence.

Investigation conducted, findings clear, action defensible.

Assess and scope.

We advise on whether a formal investigation is required, what scope it should cover, and whether the accused employee should be stood down on pay while it proceeds.

Investigate thoroughly.

We interview all relevant parties, gather the evidence, and produce a confidential report with clear findings on whether the allegations were substantiated and what action is recommended.

Act with confidence.

We advise on what action the findings support and how to implement it in a way that is procedurally defensible if the employee subsequently brings a claim.

Employment lawyers with over 25 years of experience conducting workplace investigations and advising employers on misconduct, termination, and Fair Work Commission proceedings.

We know how demoralising it is to watch a misconduct allegation destabilise a team you have worked hard to build. Employers who come to us in these situations are often already managing the fallout on both sides, trying to protect the complainant, manage the accused employee pending the outcome, and keep the rest of the business running at the same time. Our employment lawyers have conducted workplace investigations across a wide range of industries and misconduct types, from bullying and harassment through to fraud, serious safety breaches, and disobedience. We know how to run a process that is fair, thorough, and capable of supporting whatever action the findings require.

We understand you want to know the cost, before we get started.

We will map out our process, from beginning to end, so you know what the journey will look like before you get started.

We will provide you with a clear and detailed Work Proposal covering each step along the way.

Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.

Our great lawyer guarantee

We want to be part of your team over the long term. We achieve this by adhering to these core principles:

Take the time

We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.

Share our knowledge

We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.

Stick to our knitting

We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.

Work as one team

Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.

Fair pricing

For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.

It's your show

We're not in this for our egos. We're in it for a front row seat to witness your success.

Ready to resolve this situation with a process that protects your business?

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