When conducting a workplace investigation is a must
Did you know that if a matter becomes litigious, a court or tribunal may look at an independent and thorough workplace investigation more favourably?
We understand that conducting a workplace investigation can be a time-consuming and tedious process, but it’s imperative that companies engage with an external resource like Citation Legal when independence or legal privilege is required.
Protection and peace of mind
Australia’s employment laws can significantly influence the procedures of a workplace investigation, so it’s always best to seek legal advice before commencing an investigation.
Our team of workplace experts have handled some of the most challenging HR headaches and delivered successful outcomes to our clients.
Determining the type of investigation
Our expert lawyers and workplace consultants will work with you to advise on the most appropriate type of investigation. We’ll consider all angles, including the nature of the concern or complaint. Some common types of workplace investigations include employee misconduct, discrimination and harassment, grievances and disputes, health and safety incidents and accidents, and whistle-blower investigations.
Citation Legal can assist your company with an independent workplace investigation
Got burning questions? We’ve got answers
There is no single legal framework that sets out how investigations should be conducted and the ideal way investigators conduct their research. What you should utilise instead is guidance from workplace lawyers who have helped businesses in many industries resolve their challenges using methods customised for each workplace culture. Citation Legal can advise you about comparable workplace investigations, how they succeeded and what aspects of those investigations should be emulated.
Before you tell an employee they are being investigated, you should have your employment law specialists lined up. After all, putting a foot wrong with a flawed investigation could cost in court.
Procedural fairness in a workplace investigation means showing that the investigation has been done fairly and allowing all parties the opportunity to respond as well as allowing the employee to respond, in a manner that is timely and equitable.
Citation Legal will help you ensure the following:
- Relevant parties involved are given adequate time to reply.
- All parties, especially the respondents, are given required support.
- Relevant parties are supplied with pertinent documents and information.
- Everyone is informed of meetings in a professional and timely manner.
- All allegations are presented clearly and properly articulated.
- The respondent is encouraged to have a support person.
Deciding an outcome will depend on a number of factors, including the facts, evidence and findings from the investigation carried out by an internal team member or workplace investigation lawyer. Having a workplace expert by your side to walk you through the workplace investigation process in Australia, the investigation report recommendations and explain everything in easy-to-understand language will give you and any decision maker in your business peace of mind.
Our professional team of employment lawyers are a trusted set of hands to guide and support you in the most challenging of circumstances. Citation Legal will take care of every step of the investigation process: conduct interviews, ensuring procedural fairness to writing the report and discussing findings and recommendations.
These types of workplace matters are serious in nature and would warrant a workplace investigation. It’s always best to seek professional advice before proceeding – Citation Legal can support your business.
Citation Legal’s team of workplace lawyers and consultants are qualified, experienced, and knowledgeable professionals. We’ve been working with some of Australia’s largest businesses for over 30 years and understand the concerns you may have. We can assure you that every investigation is carried out according to best-practice and compliant processes to ensure the best outcome.
Risks, like an unfair dismissal claim occur when procedures are not followed. It’s imperative that before you conduct a workplace investigation or make a decision from the findings of an investigation, you engage with a professional workplace lawyer for employment advice.