What is a Workplace Investigation?
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.
Do I need a Workplace Investigation to resolve a misconduct issue?
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. 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.
Why should I engage an external team for a Workplace Investigation?
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
Other Areas Of Law
We can assist as an employer with all aspects of managing your employees — throughout the lifecycle of the employer and employee relationship. From basic HR advisory services, to more complex matters such as drafting employment agreements, policies and procedures, and enterprise bargaining negotiations. Prevention is always the best way to mitigate a costly workplace dispute.
We work with employers and employees to defend claims resulting from workplace disputes, including claims of: unfair dismissal, general protections, discrimination, and sexual harassment. We also work with employers to help to minimise the risks of these claims and can act as an independent third party mediator to resolve workplace disputes before the need to make a claim arises. Our goal is to ensure fairness and equity to protect your business.