Workplace Investigations

Fair, thorough, and decisive workplace investigations that protect your business and ensure natural justice for your employees.

Navigating a workplace complaint is complex and high-stakes. Whether you are an employer needing to respond to a serious allegation or an employee facing an investigation, the process must be handled with care, impartiality, and legal expertise. A flawed investigation can lead to legal claims, damaged morale, and significant business risk.

At Fair Workplace Solutions, we provide expert legal services for every stage of the investigation process, ensuring fairness and clarity for everyone involved.

FOR EMPLOYERS & HR MANAGERS

Do you need to conduct a fair and legally sound workplace investigation? We provide independent investigation services to help you meet your legal obligations and make confident, defensible decisions.

FOR EMPLOYEES

Are you the subject of a workplace investigation? The process can be stressful and confusing. We provide expert legal advice to protect your rights, reputation, and livelihood.

For Employers: Independent & Defensible Investigations

When a serious complaint of bullying, harassment, discrimination, or misconduct arises, handling it internally is not always the right option. An internal investigation can be perceived as biased and may lack the necessary legal expertise, exposing your business to significant risk, including future claims of unfair dismissal, adverse action, and even costly WorkCover claims.

Fair Workplace Solutions acts as your independent, external investigator. We manage the entire process with impartiality and rigour, ensuring all parties are treated fairly and your legal obligations are met.

Why Choose Fair Workplace Solutions?

Our employment lawyers are not just investigators; they are recognised specialists in the field. We are adept at managing the complexities of modern workplaces, including challenges like gathering digital evidence, applying trauma-informed interview practices, and working with other law firms under legal professional privilege (LPP) to ensure absolute confidentiality.

Our Rigorous Investigation Process:

Scoping & Strategy: We work with you to understand the allegations, define the scope of the investigation, and establish a clear and fair process.
Evidence Gathering: Our lawyers conduct thorough interviews with all relevant parties and meticulously gather all documentary and digital evidence.
Procedural Fairness Review: We provide parties with the opportunity to review and comment on any evidence that is contradictory to their position before any findings are made. This is a crucial step in ensuring a robust and defensible outcome.
Analysis & Findings: We make objective, evidence-based findings of fact and determine whether workplace policies have been breached.
Clear & Concise Reporting: You receive a comprehensive, easy-to-understand report that clearly outlines the process, evidence, findings, and provides practical recommendations for resolution.

Benefits of an External Investigation:

Impartiality & Fairness: Demonstrates to your employees that the process is unbiased and fair.
Legal Expertise: Our employment lawyers ensure the investigation adheres to procedural fairness and the principles of natural justice.
Risk Mitigation: A well-conducted investigation is your best defence against future legal challenges.
Confidence to Act: Our clear findings allow you to take decisive and appropriate action.
Beyond the Report: An investigation is often just the beginning. We can provide post-investigation support and strategic advice to help you manage the aftermath, rebuild team trust, and strengthen your workplace for the future.

For Employees: Protecting Your Rights & Reputation

Being notified that you are the subject of a workplace investigation can be an incredibly stressful and isolating experience. Your reputation, career, and wellbeing are on the line. It is crucial to get expert legal advice as soon as possible to ensure you are treated fairly throughout the process.

The team at Fair Workplace Solutions is here to provide the support and legal representation you need.

How We Can Help You:

Understand the Allegations: We will help you understand the specifics of the complaint made against you and the potential consequences.
Prepare Your Response: We assist you in drafting a clear, factual written response to the allegations.
Support During Interviews: We can act as your support person in investigation meetings to ensure the process is conducted fairly.
Ensure Procedural Fairness: We hold your employer accountable to a fair process, ensuring your right to respond to evidence is respected and the investigation is conducted without bias.
Negotiate an Outcome: If needed, we can advise you on your options and negotiate a resolution with your employer.

Don’t face an investigation alone. Get an experienced employment lawyer on your side.

Frequently Asked Questions

What is a workplace investigation?

A workplace investigation is a formal process an organisation undertakes to find out what happened in response to a specific complaint or incident. It is usually triggered by allegations of misconduct, bullying, harassment, discrimination, safety breaches, or other disciplinary matters. The goal of an investigation is to objectively gather facts, interview witnesses, and assess evidence to determine if a company policy or law has been broken. This allows the employer to make a fair and informed decision on how to resolve the issue. Because there is no single legal framework that dictates exactly how investigations must be conducted, the process can be confusing. To ensure fairness and protect your rights, it’s best to seek advice from an employment lawyer to guide you.

How long does an investigation usually take?

The timeframe depends on the complexity of the case, the number of witnesses, and the volume of evidence. We always aim to conduct investigations as efficiently and promptly as possible while ensuring thoroughness.

What are my rights as an employee during an investigation?

You have the right to be informed of the specific allegations against you, the right to respond to those allegations, and typically the right to have a support person present during interviews. We can advise you on the full extent of your rights.

Contact Us

Reach out to us!

Contact Details

Phone Number

1800 565 975

Email Address

info@fairworkplacesolutions.com.au

Office Address

Unit 308/20A Lexington Dr, Bella Vista NSW 2153

We Are Open

We can take out of hours calls upon request.

Monday – Friday

09:00 am – 05:00 pm

Saturday & Sunday

By Appointment