When you receive a formal complaint, it is natural to feel blindsided. You might ask: “How could they think we are doing something wrong?”
However, ignoring a complaint is dangerous. As a leader, you must determine if there is validity to what the person has told you. To do this effectively, you often need to launch a formal Melbourne workplace investigation.
A proper investigation restores trust. It shows your team that you handle situations with honesty, integrity, and transparency. Here is how to navigate the process.
What is a Workplace Investigation?
A workplace investigation is a fact-finding mission. It is a systematic process used to collect data, identify the root cause of an issue, and make recommendations.
The complexity varies. It can range from a quick inquiry into a minor dispute to a major investigation into fraud or sexual harassment. Regardless of the size, the goal is not to “win,” but to find the truth.
Why Conduct a Formal Investigation?
You might be tempted to sweep a complaint under the rug. Do not do it.
Employees who feel safe raising concerns are your biggest asset. If a staff member complains, it gives you a chance to fix a problem before it becomes a lawsuit.
Whether you are in the CBD or handling Geelong workplace investigations, the standard is the same. You must provide a safe environment for your people.
Defining the Scope of the Inquiry
Not every moan and groan requires a full investigation. You must first triage the complaint.
Ask yourself: Is this a preference or a policy breach?
- Preference: An employee complains a manager is “too demanding.” This is likely a performance management issue.
- Policy Breach: An employee complains a manager is “making racist comments.” This is a legal violation that requires immediate action.
This applies everywhere. If you are undertaking workplace investigations in Shepparton, you must apply the same rigour as you would in head office. You must clearly distinguish between interpersonal conflict and misconduct.
[Image of workplace investigation scope checklist]
When to Use an External Investigator
If the complaint is serious, you need to be strategic. You cannot always handle it internally.
You should consider bringing in an independent investigator (like a private investigator or HR consultant) if:
- The accused is a senior leader (Conflict of Interest).
- The allegations involve sexual harassment, bullying, or discrimination.
- You lack the internal resources to investigate quickly.
Using a neutral third party ensures that employees feel they are being treated fairly. It prevents the perception that the company is just “protecting its own.”
When to Bring in Legal Counsel
In high-stakes situations, you may need to involve lawyers early. This is usually when there is a significant risk of litigation or criminal charges.
Legal counsel can help establish Legal Professional Privilege (LPP) over the investigation report. This can sometimes protect sensitive findings from being disclosed in future court proceedings.
Conclusion
The most important thing to do when receiving a complaint is to stay calm. Do not attack the whistleblower.
Develop a clear plan. Communicate the timeline to the parties involved. Gather the facts before making any decisions.
If you handle the complaint with integrity, you will come out stronger on the other side.
Need an Independent Investigator?
Jolasers conducts procedurally fair investigations across Victoria and Southern NSW.
Telephone: 0418 101 164 (Stephen Oliver)
Service Areas:
Melbourne | Geelong | Shepparton
Common Questions
Must I investigate every complaint?
Not necessarily. You must assess every complaint. Minor issues can often be resolved via mediation. Serious allegations (safety, fraud, harassment) require formal investigation.
What is Legal Professional Privilege?
This is a legal principle that allows communications between a lawyer and their client to remain confidential. It can apply to investigation reports if the dominant purpose was to provide legal advice.
How long do I have to respond?
You should acknowledge the complaint immediately (within 24-48 hours) to reassure the employee that it is being taken seriously.