Workplace investigations are a critical process for addressing serious issues in the workplace. They should always be conducted with fairness, thoroughness, and confidentiality to ensure just outcomes and protect your organisation from potential legal challenges.
When is a Workplace Investigation Necessary?
A formal workplace investigation should be initiated immediately in response to the following:
- Complaints of discrimination
- Allegations of sexual harassment
- Reports of bullying or victimisation
- Any instance of alleged serious misconduct that could lead to termination
Understanding Serious Misconduct
The Fair Work Act defines serious misconduct as willful or deliberate behaviour inconsistent with continuing the employment contract. This includes:
- Theft
- Fraud
- Assault
- Intoxication at work
- Refusal to carry out lawful and reasonable instructions
Serious misconduct also encompasses any conduct that poses a serious and imminent risk to:
– The health and safety of a person
– The reputation of your business
– The viability or profitability of your organisation
The Importance of Proper Investigations
Even in cases of serious misconduct, summary dismissal (dismissal without notice) can still result in unfair dismissal claims if the Fair Work Commission determines the action was harsh or disproportionate. This underscores the critical need for thorough, well-documented investigations before taking disciplinary action.
Key Elements of a Proper Workplace Investigation
- Promptness: Initiate the investigation once a complaint is received or an issue is identified.
- Impartiality: Ensure the investigator is unbiased and has no personal stake in the outcome.
- Thoroughness: Collect all relevant evidence and interview all parties involved.
- Confidentiality: Maintain discretion throughout the process to protect all parties.
- Documentation: Keep detailed records of all steps taken and evidence collected.
- Due Process: Ensure all parties have a fair opportunity to present their case.
- Clear Communication: Keep relevant parties informed about the process and outcomes as appropriate.
How IR Advocates Can Assist
At IR Advocates, we specialise in conducting independent workplace investigations. Our experienced team can:
- Conduct all necessary interviews with relevant parties
- Collect and analyse all pertinent evidence, including:
- Emails
- Video Footage
- Text messages
- Witness statements
- Provide a detailed, impartial report of our findings
- Recommend appropriate courses of action based on the investigation results
By entrusting your workplace investigations to our expert team, you can
– Ensure a fair and thorough process
– Minimize the risk of potential unfair dismissal claims
– Maintain workplace harmony and productivity
– Demonstrate your commitment to addressing workplace issues seriously and professionally
The Benefits of External Investigations
Engaging an external party like IR Advocates for workplace investigations offers several advantages:
Contact IR Advocates for Your Workplace Investigation Needs
Don’t let workplace issues escalate or expose your organisation to unnecessary risk. Contact IR Advocates today to discuss how we can assist with your workplace investigations.
Remember, a properly conducted workplace investigation is not just about addressing current issues—it’s about fostering a fair, safe, and productive work environment for all.