Addressing workplace misconduct is key to maintaining a safe and respectful culture. However, in regional hubs like Geelong, managing allegations of employee misconduct and workplace bullying presents unique challenges.
If you or someone you know is facing allegations, getting professional help is crucial. At Jolasers Investigations, we support Geelong businesses to navigate the complex workplace harassment investigation process with discretion and fairness.
Need urgent advice? Call Stephen Oliver on 0418 101 164.
Key Takeaways
- Understanding the unique challenges of investigations in regional cities.
- Recognising the legal difference between bullying and reasonable management action.
- How to maintain confidentiality in close-knit business communities.
- The importance of engaging an external investigator to remove local bias.
The State of Workplace Harassment in Victoria
Australian workplaces are currently undergoing a major cultural shift regarding respect at work. This is no longer just an “HR issue”; it is a safety issue.
Under the updated Fair Work Act and OHS laws, employers now have a positive duty to eliminate sexual harassment and discrimination. Passive management is no longer a defence.
Geelong’s Unique Business Environment
Geelong’s business scene is rapidly evolving. However, as a regional centre, it faces specific challenges. In smaller business communities, “everyone knows everyone.” This makes internal investigations difficult, as conflicts of interest are common.
Understanding the Investigation Process
Conducting workplace investigations in Geelong requires a deep understanding of both state laws and local dynamics.
Types of Harassment
In our experience, the most common complaints in the region include:
- Sexual Harassment: Unwelcome advances, comments, or requests for sexual favours.
- Bullying: Repeated, unreasonable behaviour that creates a risk to health and safety.
- Discrimination: Treating employees differently based on protected characteristics (age, race, disability).
Employer Obligations
Under Australian law, you cannot simply “hope it goes away.” You must:
- Conduct a thorough investigation: It must be impartial and timely.
- Support the parties: Both the complainant and the respondent (the accused) have a right to support.
- Take corrective action: If substantiated, you must act to prevent recurrence.
When is an Investigation Necessary?
Knowing when to trigger a formal process is critical. Ignoring the early warning signs can turn a small grievance into a massive legal claim.
Immediate Action Signs:
- Formal written complaints.
- Reports from witnesses regarding aggressive behaviour.
- A sudden increase in sick leave or staff turnover in a specific team.
The Cost of Delay
Waiting too long to investigate sends a message that you don’t care. This increases the risk of the employee lodging a “Stop Bullying Order” with the Fair Work Commission or filing a WorkCover claim for psychological injury.
The Investigation Workflow
When harassment is alleged, you need a structured roadmap to ensure the findings stand up to scrutiny.
1. Initial Assessment
Acknowledge the complaint immediately. Assess if there is an immediate safety risk (e.g., does the accused need to be suspended on full pay while the investigation takes place?).
2. Evidence Collection
Gather the facts before you interview. This includes emails, roster records, and CCTV. Secure electronic evidence immediately to prevent deletion.
3. Interviews
Use structured interviewing techniques. Allow all parties to have a Support Person present. This is a critical requirement for procedural fairness.
Common Challenges in Geelong
Investigating harassment in a regional city is tougher than in the CBD. The biggest hurdle is Confidentiality.
The “Small Town” Factor
In smaller Geelong businesses, keeping an investigation quiet is hard. Rumours spread fast. Employers must explicitly warn all participants that breaching confidentiality is a disciplinary offence.
Addressing Power Imbalances
Often, the accused is a senior manager or a “local identity” with significant influence. This creates a power imbalance where witnesses are afraid to speak up.
The Solution: This is where External Investigators are essential. An external investigator from Jolasers has no local loyalty or bias. We provide a neutral, safe space for witnesses to tell the truth.
Creating a Safer Workplace Culture
A safe workplace is not just about compliance; it is about culture.
- Preventative Policies: Ensure your Code of Conduct is up to date.
- Training: Run regular sessions on what constitutes acceptable behaviour.
- External Support: Have a relationship with an investigation firm before a crisis hits.
How We Can Help
Jolasers Investigations specializes in complex, sensitive matters across Victoria. We understand the local Geelong context but bring the rigour of a top-tier firm.
For a confidential discussion, call us on 0418 101 164.