What is a workplace investigation?
A workplace investigation is a formal process used to assess serious issues. These might include bullying, misconduct, discrimination, or sexual harassment.
Employers may be legally required to act under the Fair Work Act or relevant State-based safety laws.
For many small and medium-sized businesses, especially those with a generalist HR manager but no formal investigation training, knowing when and how to act can be daunting.
The advantages of conducting a workplace investigation
Conducting a professional workplace investigation offers several key benefits that protect your organisation and foster a fair, compliant, and transparent culture.
- Demonstrates Procedural Fairness: A well-run investigation shows your commitment to fairness, safety, and compliance—particularly important in matters involving harassment or misconduct.
- Reduces Legal Risk: A defensible investigation process helps protect your business if a complaint ends up before the Fair Work Commission, the Australian Human Rights Commission, or in court.
- Maintains Trust and Integrity: Employees are more likely to come forward with genuine concerns when they trust that their complaint will be taken seriously and handled professionally.
Beware! DIY workplace investigations without proper expertise
Attempting to manage complex workplace complaints internally—without the right training or independence—can introduce significant risk and compromise outcomes.
- Risk of Flawed Process: Most HR generalists lack the formal training needed to investigate serious complaints—especially those involving legal risk or interpersonal trauma.
- Perceived Bias: If your HR team is too close to the matter—or has been involved in prior discussions—it can compromise the integrity of the process, even if unintentional.
- Legal and Financial Exposure: Poorly managed investigations, especially into bullying or sexual harassment, can lead to significant costs in defending claims, managing reputational fallout, and navigating reinstatement or damages orders.
Workplace investigation FAQs
Q: Is an investigation mandatory for sexual harassment complaints?
A: In most cases, yes. Allegations of sexual harassment trigger legal duties under WHS and anti-discrimination laws. A formal, fair process is expected.
Q: Can we just use our HR team to investigate?
A: Only if they’re trained, impartial, and haven’t been previously involved in the matter. If not, external support is strongly advised.
Q: What if we don’t get it right?
A: Poor process can result in adverse legal findings, compensation payouts, reputational harm, or reinstatement orders—regardless of the actual facts.
Workplace investigation services
Workplace investigations that work in practice, not just on paper.
At ER Focus, our workplace investigation specialists don’t just investigate, we guide you through next steps, drawing on decades of real-world HR and IR experience.
Our clients are often SMEs with internal HR who simply need external expertise for serious or sensitive matters. We work alongside you to:
- Deliver impartial, best-practice investigations
- Advise on suitable outcomes (disciplinary, coaching, mediation, etc.)
- Provide support with communication, next steps, and cultural recovery
We also partner with trusted employment lawyers when needed—ensuring you’re supported at every stage, without overpaying for legal services prematurely.
Did you know? You probably don’t need an expensive employment lawyer!
When a serious workplace issue arises, many businesses immediately turn to a lawyer—yet legal advice is only one part of the solution, and often the most expensive. Engaging a workplace investigation consultant offers a more practical and cost-effective approach.
As independent employment relations (ER) specialists and experienced HR professionals, we provide a workplace-focused perspective that ensures investigations are procedurally fair, compliant with Fair Work and WHS laws, and handled with the sensitivity they require.
We deliver clear, actionable guidance—not just legal interpretation—helping you navigate what to do next. And if legal input is needed, we can help brief an employment lawyer efficiently, having already done the groundwork. This approach offers significant value, especially for small to medium businesses, without compromising on quality or compliance.
Need advice?
If you’re unsure how to handle a workplace complaint, don’t leave it to chance. At ER Focus, we provide fixed-fee, independent investigations and practical HR advice tailored for Australian businesses.
For a complimentary workplace investigations 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.