Workplace Investigations

Looking to Conduct a Workplace Investigation?

Let’s say something has happened in your workplace that is of great concern to you. It may be an allegation of wrongdoing by one employee against another or a systemic workplace issue. As the manager, should you investigate the employment matter yourself, or should you consider an external professionally conducted investigation?

In some cases, it may be necessary to appoint an external investigator to determine the facts, so you know what action to take.

In fact, in a recent case, we assisted a not-for-profit client who discovered evidence of employee fraud. Our employment lawyers appointed an independent legal investigator under legal professional privilege who interviewed witnesses, reviewed the documentary evidence, and produced a report that laid out misconduct findings. 

An integral part of the advice that the experienced team at WilliamsonBarwick gave to the client was to give the employee the proper opportunity to respond to the allegations and findings. The employee was dismissed and subsequently challenged the dismissal through the Fair Work Commission. 

However, the former employee was unsuccessful in their endeavours to obtain a remedy because our client had ensured, through the independent investigation, that they had a valid reason for the dismissal and that all procedural fairness protocol was adhered to. 

So, the next time workplace disputes arise at your business or organisation which may require an investigation, get in touch with us.