Workplace investigations should always be conducted fairly, thoroughly and confidentially
If you receive a complaint about sexual harassment, discrimination or other serious misconduct, you will need to carry out a workplace investigation to find out exactly what has taken place and who is involved, before you take any further action.
It is vital that a workplace investigation is conducted fairly, thoroughly and confidentially – or you could find yourself defending an unfair dismissal claim in the Fair Work Commission.
What should trigger a formal workplace investigation?
Any complaint of discrimination, sexual harassment, bullying or victimisation should be treated extremely seriously, and trigger an immediate formal workplace investigation.
Any alleged serious misconduct that could result in the termination of an employee should also trigger a workplace investigation.
What is serious misconduct?
According to the Fair Work Act, serious misconduct is conduct that is wilful or deliberate and that is inconsistent with the continuation of the employment contract.
- intoxication at work
- refusal to carry out lawful and reasonable instructions
Serious misconduct is also conduct that causes serious and imminent risk to the health and safety of a person, or to the reputation, viability or profitability of your business.
If you dismiss a worker without notice (summary dismissal) for serious misconduct you can still end up losing a claim of unfair dismissal, because the Fair Work Commission can decide that the dismissal was harsh or disproportionate to the offence committed.
That’s why it’s important to seek expert legal advice if you are dealing with an allegation of serious misconduct.
How we can help
Our team of employment lawyers and industrial advocates at Industrial Relations Claims has extensive experience conducting independent workplace investigations on behalf of employers.
Our goal is to take the stress off you – by conducting all necessary interviews and collecting all relevant evidence, including emails, video footage and text messages, and then providing you with a detailed report of our findings.
We will then recommend the appropriate course of action for you to take.
Allowing our team to handle a workplace investigation will reduce the chances of you having to defend a claim of unfair dismissal in the Fair Work Commission.
LAST UPDATED: March 2021
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