The importance of fair workplace investigations.
Conducting a workplace investigation is essential to supporting a respectful, lawful, and well-functioning work environment. When concerns arise, a clear and impartial investigation process helps uncover the facts and ensure decisions are fair, informed, and compliant.
Common workplace complaint issues
- bullying
- sexual harassment
- dishonesty
- criminal activity
- whistleblower complaints
- performance management issues
- disciplinary actions
- workplace injuries
- underperforming teams
- team dynamics concerns
Handling workplace investigation complaints
Workplace investigations are essential for addressing serious issues and handling these complaints properly is crucial to maintaining a healthy work environment.
Fact-based decision making in workplace investigations
Good, reliable, and defensible decisions are always grounded in the facts. It’s no surprise that when we are engaged to conduct a workplace investigation, we prioritise process and detail to establish the truth behind an incident or issue. This fact-based approach ensures that outcomes are fair and just.
The importance of complaint handling protocols
As organisations strive to create healthier work environments and ensure compliance with labour laws, investing in well-defined complaint-handling protocols is crucial. By doing so, they can navigate the complexities of workplace investigations with confidence, ensuring that justice is served and the workplace remains a safe and equitable space for all.
Ensuring fair and defensible outcomes in workplace investigations
In the absence of clear-cut policies, we apply well-established processes to ensure that the investigation is both substantively and procedurally fair. This approach leads to outcomes that are defensible and justifiable, reinforcing the organisation’s commitment to a fair workplace.
Common outcomes of workplace investigations
1. No action
If the investigation finds that the allegations are unfounded or lack sufficient evidence, no further action may be taken against the respondent.
2. Mediation or conflict resolution
In cases where the issue may be resolved through dialogue, mediation or conflict resolution processes might be initiated to address the underlying concerns without formal disciplinary measures.
3. Disciplinary action
If the allegations are substantiated, the respondent may face disciplinary action, which could range from a formal warning to termination, depending on the severity of the breach.
4. Policy or procedure review
The investigation may reveal gaps in current company policies or procedures, leading to revisions or additional training to prevent future issues.
5. Legal action
In cases involving serious breaches of the law, such as sexual harassment or discrimination, legal action may be pursued either by the company or the complainant.
Workplace investigation consultancy
At ER Focus, we specialise in fact-based workplace investigations that are thorough, fair, and defensible to ensure your organisation remains compliant with workplace laws while actively promoting a safe and respectful workplace culture.
As part of our workplace investigation consultancy, we assess each situation from all relevant angles before advising on the best course of action. Depending on the nature of the issue and your instructions, we conduct investigations and form allegations in accordance with the appropriate standard of proof—typically the civil standard outlined by the High Court in Briginshaw. For particularly sensitive matters, we can also operate under the instruction of our legal partner to ensure the investigation is protected by legal professional privilege.
If you’re navigating a workplace complaint or need help establishing internal investigation procedures, our expert consultancy services provide the clarity and support you need. We guide you through each step with professionalism, discretion, and an unwavering focus on achieving just outcomes.
Need advice?
For a complimentary workplace investigations procedural fairness consultancy discussion, contact David directly.
David Haydon
Workplace Investigations Consultant
Disclaimer. This article provides general information only and is not intended as legal advice. Every workplace matter is different, and employers should seek professional advice tailored to their circumstances. ER Focus is not a law firm. Where legal advice is required, we work with trusted employment lawyers and can assist in making referrals.