Home » Investigate misconduct in your workplace

Investigate misconduct in your workplace

We will run or guide the investigation so the findings are sound and whatever you do next is defensible.

An allegation of misconduct puts two employees in your care at once. The person who complained needs to see it taken seriously. The person accused is entitled to know what is alleged and to answer it before anything happens to them. Get either half wrong and the problem you end up with is not the original one. We run workplace investigations, and we advise employers running their own.

Speak to a lawyer What is included

Allegations the employee can answer

Each allegation is put in writing with enough detail for a genuine response.

An investigator with no stake

Findings made by someone external are much harder to attack afterwards.

Findings tied to evidence

The report says what the evidence establishes and what it does not, so you can act on it safely.

What is a workplace investigation and when do you need one?

A workplace investigation is a structured process for finding out whether alleged conduct occurred. It is a fact-finding exercise, not a disciplinary decision. The investigator gathers evidence, puts the allegations to the person accused, considers the response, and makes findings on the balance of probabilities. What the employer does about those findings is a separate step.

Not every complaint needs one. Minor matters are usually better managed directly. An investigation becomes necessary where the allegation is serious enough that dismissal is possible, or where the facts are genuinely contested. It is also warranted where the complaint involves bullying, harassment or discrimination. Work health and safety law also gives employers positive duties in relation to psychosocial hazards, and a complaint left unexamined is one of them.

Speak to a lawyer

Does every complaint need a formal investigation?

No. Minor matters are usually better dealt with directly and quickly. An investigation is warranted where the allegation is serious enough that dismissal is on the table, or where the facts are genuinely in dispute. The same applies where the complaint concerns bullying, harassment or discrimination.

Should I suspend the employee while it runs?

Sometimes, but not automatically. Suspension is appropriate where the employee’s presence would compromise the investigation or pose a risk. It should normally be on full pay, and it should be explained as a neutral step rather than a punishment. Getting this wrong is itself a source of claims.

How long does an investigation take?

A straightforward matter with two or three people takes one to three weeks. Complex matters with multiple allegations or reluctant witnesses take longer. Speed matters, but not at the cost of the process, because a rushed investigation is the one that gets attacked.

Does the accused employee get to see the report?

They should be told the findings and the reasons in substance, which is what allows them to respond before any disciplinary decision. Whether the full report is released is a separate question, and it depends on confidentiality owed to the complainant and to witnesses. Take advice before handing it over.

The process is what gets judged, more often than the outcome

Tell us what has been alleged and who is involved. We will tell you whether this needs a formal investigation and who should run it.

You have to be fair to two people at the same time

Something has been alleged, and you have to decide what to do about it before you know whether it is true. In the meantime both employees are still in the workplace and the rest of the team has worked out that something is happening. Every day you leave it looks like a decision.

You also cannot investigate it yourself without complications, because you know both people and you will have to act on whatever is found.

We will advise whether the allegation warrants a formal investigation.
We will scope the allegations and identify the policy or term engaged.
We will advise on suspension and interim arrangements while it runs.
We will conduct the investigation and prepare a written report with findings.
We will advise on the action available and the risk attached to each option.

An allegation has been made and both people still work for you

A complaint has come to you, perhaps in writing, perhaps in a conversation somebody did not expect to have. It is serious enough that you cannot let it sit. The accused employee has not been told yet, or has been told and denies it flatly. You need to find out what happened without prejudging it. How you handle the next week will matter as much as what you eventually decide.

What's included in your workplace investigation service

Speak to a lawyer

Advice on whether a formal investigation is warranted.
Allegation scoping and particularisation.
Suspension and interim arrangement advice.
Separate interviews of the complainant, the respondent and witnesses.
Written investigation report with findings and reasoning.
Advice on disciplinary action and the risk of each option.

What an unsound investigation produces

A flawed investigation is worse than none, because it produces a finding that cannot be relied on. The defects are usually the same ones. The allegations were never put to the accused employee in enough detail to answer. Witnesses were interviewed together, or told what others had said. The investigator had already formed a view, or was the person the complaint was really about. The finding rests on a conclusion nobody can trace back to evidence.

Then the employer acts on it and the consequences arrive. A dismissal on an unsound finding is an unfair dismissal. An investigation that clears the accused without the complainant being heard properly produces a second complaint, often a general protections claim. Both employees end up with grievances, and the business has spent the money and gained nothing.

How we get findings you can act on

We scope it before anybody is interviewed. What exactly is alleged, which policy or contractual term applies, and who needs to be spoken to. Also whether anyone should be stood down while it runs. Suspension is a decision with its own risks and it is worth getting right.

Then we run it properly. The allegations are put in writing, with enough particularity that the employee can actually respond. Interviews are conducted separately and recorded. The accused employee gets a real opportunity to answer, with a support person, before any finding is made. We make findings on the evidence and say what the evidence does not establish, which matters as much. You get a report setting out what was found and why, and advice on the action available with the risk attached to each option.

How an investigation runs

Findings you can rely on, and action you can defend.

Scope the allegations

We define precisely what is alleged, which policy applies, and whether anyone should be stood down while it runs.

Gather the evidence

We interview separately, put the allegations in writing, and give the accused employee a genuine chance to respond.

Report and advise

We make findings on the evidence and set out the action available to you, with the risk attached to each.

Investigations run so the findings survive being tested

Employers usually arrive at this wanting two incompatible things: to deal with it quickly, and to be seen to be fair. Speed is what creates the appearance of a foregone conclusion, and the appearance is often enough. Meanwhile you are managing a complainant who wants action, an accused employee who feels presumed guilty, and a team that has noticed.

We conduct workplace investigations and we advise employers conducting their own. The value is in being external to it. An investigator who does not know either person, and has no stake in the outcome, produces a report that is much harder to attack. We also tell you what the findings do not support, which is the part an internal process tends to skip.

Our great lawyer guarantee

Six principles we hold to, whatever you bring us and however long it takes.

Take the time

We listen carefully to understand what you want to achieve, then step you through the advice and the documents.

Share our knowledge

We pass on as much as we can, so you can make your own informed decisions.

Stick to our knitting

We only do what we are good at, so you never pay for our learning.

Work as one team

Someone is always available to answer your question or point you the right way.

Fair pricing

A fixed or capped quote for advice and documents, so you do not carry the price risk.

It is your show

We are in it for a front row seat to witness your success, not for our egos.

Find out what happened, properly

Tell us what has been alleged and who is involved. We will tell you whether a formal investigation is warranted, who should run it, and what has to happen in the first few days.

Speak to a lawyer 1300 654 590