Running a business and being an employer is both time consuming and challenging at the best of times. When the unexpected happens and emergency situations arise, it’s not uncommon for management teams to act hastily to resolve issues, often without consideration and regard to process.  

We support employers to handle and manage any internal complaints or issues that, best practice indicates, require an investigation to achieve the best possible outcome for all involved.  

Workplace investigations must be handled properly as there can be substantial risks for employers who get this process wrong. This is especially so given employees can challenge outcomes following an investigation, especially, if believed it was conducted improperly, to achieve a pre-determined outcome, and/or the outcome was unfair or discriminatory. 

For Employees

Employers expose themselves to risk of claims where they fail to provide employees: 

  • notification of conduct that they are concerned about; and/or 
  • adequate opportunity to respond to concerns; and/or  
  • unreasonably refuse a support person to attend meetings. 

If you believe you were not afforded any of the above, and/or that the outcome of the investigation led to disciplinary action which was not fair, you might be able to challenge the decision.  

Refer to our pages on Discrimination & Harassment, Employee & Executive Support, or Termination of Employment for further information.  

For Employers

Significant weight is given to an employer’s approach in conducting a workplace investigation. The way in which an investigation is conducted is just as important as the outcome.  

Employers must undertake investigations in a procedurally fair manner, that is in line with the Fair Work Act and other obligations contained in policies, modern awards or enterprise agreements.  

Workplace Investigations: Fundamentals for Employers 

At DKL, we are committed to helping employers intimately understand the process of investigations while also providing support in managing them. For this reason, we have  developed a more holistic program to empower employers to make the right decisions when the stakes are high. 

Our Workplace Investigations: Fundamentals for Employers program is designed to support employers from start to finish of any investigation. This includes developing in-house capabilities and equipping managers or those conducting investigations with the fundamental knowledge and skills to effectively manage the process.  

The program provides business leaders with a toolkit to better understand their obligations, what the right process looks like, and how to address issues properly when they arise. The package has 3 core components – choose the ones that are most relevant for you or select all three if you require a more comprehensive and holistic solution. 

DKL-Workplace-Investigations-Diagram

Why choose DKL?

We have over 12 years’ of industry experience as employment law specialists and have helped countless numbers of employees and businesses maintain high standards of compliance and minimise corporate and individual liability.

Call us on +61 (2) 9233 5669, email hello@dannykinglegal.com, or submit a webform to speak to one of our onboarding team about how we can help.