Understanding Workplace Investigations for Misconduct Issues

When issues such as bullying and harassment, discrimination, inappropriate behaviour and other areas of misconduct occur in the workplace, it can be complex for employers to navigate and investigate to protect the integrity of their business and employees. We understand that, so at Optimum Legal we help our clients by conducting external workplace investigations to provide thorough, robust, legally compliant reports and legal advice to resolve any issues. 

Workplace misconduct issues can often be highly personal, complicated and have serious consequences for the people involved. If not addressed properly, these issues can continue leading to further workplace issues, unnecessary costs, loss of employee morale, and damage to business reputation. These issues should be addressed in a workplace investigation, either by an internal HR or external investigator.

A workplace investigation is a process to collect and review information in relation to a complaint of inappropriate behaviour (such as harassment, discrimination and bullying) or other types of workplace misconduct and form a judgement as to what happened. The overall aim is to help resolve the situation to achieve a productive working environment.

Engaging an experienced, external team to conduct a workplace investigation ensures that:

• The investigation is unbiased

• The complaint is addressed in an efficient and transparent manner

• All parties receive procedural fairness

• Compliance with relevant legal and regulatory frameworks is upheld

• The risk of disciplinary action as a result of the investigation being overturned is reduced

• The least amount of workplace disturbance to staff is made

• As an employer, you have confidence and reassurance that the facts are reliable and can make defensible decisions

At Optimum Legal, our investigations and reports are provided in a legally compliant format and managed in a confidential and timely manner, whilst ensuring the principles of procedural fairness and natural justice are adhered to.

As an employer, here are some tips for preparing for a workplace investigation:

• Ensure you have copies of employment contracts of involved parties

• Ensure you have copies of the business’ policies and procedures

• Note how previous incidents have been managed and relevant operational processes and procedures

• Prepare required documents such as past performance reviews, employment records, references, etc.

Our professional and experienced team conducts investigations involving all workplace issues, such as bullying and harassment, discrimination, inappropriate behaviour and misconduct.

For further guidance or legal advice, contact our team at Optimum Legal on 07 3228 8400 or info@optimumlegal.com.au