In any Australian workplace, it’s vital that investigations into employee complaints are handled fairly, thoroughly, and in accordance with the law. However, HR managers who lack the necessary training and experience in conducting workplace investigations can inadvertently cause more harm than good.
This case study explores the risks of untrained HR managers handling investigations and the benefits of engaging an experienced external workplace investigator to ensure a fair and compliant process.
The risks of handing workplace investigations internally (without expertise).
Workplace investigations play a crucial role in resolving employee complaints, ensuring compliance with workplace laws, and maintaining a positive work environment. In Australia, issues such as bullying, harassment, and discrimination are governed by the Fair Work Act 2009, and failure to address these matters appropriately can lead to serious consequences, including legal claims and reputational damage.
Whether it’s a bullying complaint or allegations of unfair treatment, handling the investigation process correctly is essential to achieving a fair outcome for all parties involved.
HR managers, particularly those without formal training in workplace investigations, may struggle to conduct investigations impartially. This can lead to poor decision-making, biased conclusions, or even the mishandling of sensitive information. Here are some key risks:
- Lack of Legal Knowledge: HR managers without training may not fully understand the legal frameworks and obligations surrounding workplace investigations, leaving the organisation exposed to legal risks.
- Bias and Lack of Objectivity: Untrained HR professionals may have personal biases that affect the investigation’s fairness, leading to an unjust outcome for either the complainant or the respondent.
- Inadequate Documentation: HR managers unfamiliar with the process may fail to keep thorough records, which are essential for legal compliance and future reference.
- Reputation Damage: Mishandling an investigation can tarnish the company’s reputation, affect employee morale, and lead to a loss of trust in HR processes.
The Case Study: An Investigation by an Untrained HR Manager
A medium-sized Australian company recently faced a harassment complaint following an office dispute between two employees. The company’s HR manager, untrained in formal investigations, was tasked with handling the case.
The HR manager conducted informal interviews with both the complainant and the alleged offender. However, without following established procedures, including documenting responses and maintaining confidentiality, the investigation was biased. The HR manager also failed to consider relevant witness statements, resulting in a conclusion that was not supported by the evidence.
This mishandling of the investigation led to a lawsuit, a damaged company reputation, and a significant decline in employee trust in HR processes.
How a workplace investigation consultant enhances the process
Engaging a workplace investigation consultant brings expertise, neutrality, and structure to what can often be a complex and sensitive process. Unlike relying solely on internal HR managers—who may lack formal investigation training or be too close to the situation—external consultants provide a professional, legally sound approach that protects both the organisation and its people.
Workplace investigation consultants are well-versed in relevant legislation, including the Fair Work Act 2009, anti-discrimination laws, and WHS obligations. Their deep understanding of legal standards helps minimise risk and ensures investigations are compliant, procedurally fair, and defensible. Consultants bring objectivity to every case, avoiding any actual or perceived bias that may occur when HR staff are personally involved. They also manage the process efficiently, saving valuable time and reducing the strain on internal resources.
Importantly, external investigators uphold strict confidentiality protocols and ensure thorough documentation of all interviews and evidence—creating an auditable trail should the matter escalate. This approach not only strengthens legal protection but also builds employee trust, particularly in cases where staff may feel uncomfortable reporting concerns internally.
Key benefits of engaging a workplace investigation consultant
- Legal compliance – Expert knowledge of the Fair Work Act and other relevant legislation.
- Impartiality – Independent, unbiased investigations free from internal conflicts of interest.
- Confidentiality – Sensitive matters handled discreetly and professionally.
- Defensible outcomes – Comprehensive documentation that supports fair, evidence-based decisions.
- Employee confidence – Builds trust in the process and encourages open reporting.
- Efficiency – Saves time and reduces pressure on internal HR teams.
To strengthen your organisation’s approach to managing complaints, consider:
- Training HR staff in workplace investigation fundamentals.
- Developing clear internal policies that outline steps, confidentiality, and responsibilities.
- Engaging external specialists for complex or high-risk matters to ensure fairness and compliance.
This proactive strategy supports better outcomes, protects your organisation, and demonstrates a clear commitment to a respectful and compliant workplace culture.
Conclusion: The importance of expert guidance in workplace investigations
While internal HR managers play a key role in resolving workplace complaints, it’s crucial that they have the proper training and expertise. In cases where HR managers are untrained, an external workplace investigator is invaluable in ensuring a fair, thorough, and legally compliant process.
Get Advice
If you’re managing a workplace investigation, it’s important to get it right. We’re here to guide you through the process with professionalism and care—protecting your business, your people, and your reputation. For expert advice and support, contact David Haydon directly.
David is an employment relations specialist, highly experienced workplace investigator and independent HR consultant. David works with clients Australia-wide.
David Haydon
Employment Relations Specialist, Workplace Investigator and HR Consultant
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Workplace investigations should be conducted in compliance with applicable laws and regulations. For specific guidance or assistance with workplace investigations, it is recommended to consult a qualified professional or external investigator.