The rise of workplace investigations
With increasing scrutiny on workplace conduct, small and medium-sized businesses (SMEs) can no longer afford to take a reactive approach to complaints. The Respect@Work reforms have heightened employer responsibilities, particularly around workplace misconduct, bullying, and sexual harassment. If issues arise, businesses must ensure investigations are thorough, fair, and legally compliant.
When and How to Conduct a Workplace Investigation
When Should an Investigation Be Conducted?
A formal investigation may be necessary if:
- There are allegations of bullying, harassment, discrimination, or misconduct.
- The issue could result in disciplinary action or termination.
- There are multiple conflicting accounts, requiring fact-finding.
- The complaint could expose the business to legal risks.
How to Conduct a Workplace Investigation
- Acknowledge & Assess the Complaint – Determine whether informal resolution is possible or if a formal investigation is required.
- Engage an Investigator – Appoint an investigator (sometimes internal HR can conduct the investigation, but for complex or sensitive matters, an external investigator may be required).
- Gather Evidence – Collect witness statements, emails, and other relevant materials.
- Conduct Interviews – Ensure a fair and impartial approach when interviewing parties involved.
- Make Findings & Take Action – Assess evidence, determine outcomes, and communicate findings appropriately.
- Document the Process – Maintain clear records to demonstrate procedural fairness.
Common Mistakes SMEs Make
- Failing to Act Quickly – Delays can worsen workplace tensions and reduce credibility.
- Lack of Confidentiality – Mishandling sensitive information can expose businesses to legal risks.
- Unfair Process – A biased or inconsistent approach can lead to unfair dismissal claims.
- No Follow-Up – Failing to implement corrective actions may allow issues to persist.
When to Escalate to an External Investigator
Outsourcing an investigation may be necessary if:
🔹 The issue involves senior management or potential legal claims.
🔹 The case is complex or requires specialist expertise.
🔹 Internal investigators lack neutrality or experience.
Actionable Next Steps: Workplace Investigation Checklist
- Have a clear policy outlining complaint resolution.
- Train managers and HR on handling complaints correctly.
- Ensure all investigations follow Fair Work guidelines.
- Seek legal advice or external support for high-risk cases.
By handling investigations promptly and fairly, SMEs can protect their employees and their business from reputational and legal risks.
How can Businessary help you?
Find out more about any of the above or reach out to Lana Rajsic for a no obligation discussion by booking a time here.
HR Update
- There are allegations of bullying, harassment, discrimination, or misconduct.
- The issue could result in disciplinary action or termination.
- There are multiple conflicting accounts, requiring fact-finding.
- The complaint could expose the business to legal risks.