A workplace investigation is a critical tool for any company facing suspicion of misconduct. Whether it is an allegation of bullying, fraud, or sexual harassment, the way you investigate determines whether you solve the problem or create a legal liability.
For employees and managers, the process can be stressful. However, a well-conducted workplace investigation does not need to destroy your culture. Instead, it should foster transparency and restore trust.
Here is your step-by-step guide on how to conduct effective workplace investigations that stand up to scrutiny.
[Image of workplace investigation process flowchart]
1. Establish a Culture of Honesty
The best investigation is the one you don’t have to conduct. Many issues could be resolved early if employees felt safe being transparent.
If you want to minimize the need for formal inquiries, you must create an environment where employees feel valued and heard. When staff feel cared for, they are less likely to engage in misconduct (like theft) and more likely to speak up early when they see problems arising.
2. Set Clear Expectations
Ambiguity breeds misconduct. Employees must know exactly what is expected of them.
You must clearly communicate:
- What behaviour is acceptable vs. unacceptable.
- How to report concerns safely.
- The consequences of policy breaches.
This proactive communication shows you care about their safety but also sets a firm boundary.
3. Define the Investigation Scope
Before you interview a single witness, you must define the scope. “Scope creep” is the most common reason investigations derail.
Ask these questions:
- Are we investigating a single employee or a department?
- Is this about a specific incident or a pattern of behaviour?
- How far back in time will we look? (Remember: older memories are less reliable).
- What specific question are we trying to answer?
The clearer your scope, the more efficient the process will be.
4. Select the Right Investigator
Once the scope is defined, you must decide who will conduct the inquiry. This choice depends on your location and the severity of the issue.
You need a qualified professional who understands the local landscape. Whether you need to conduct a Melbourne workplace investigation for a corporate matter, uncover issues in Geelong, or address suspicion of misconduct in Wagga Wagga, the investigator must be unbiased.
Key Selection Criteria:
- Qualification: Do they hold the necessary private inquiry agent licenses?
- Independence: Do they have any relationship with the parties involved?
- Experience: Have they handled similar cases before?
5. Prepare Interview Strategies
Do not “wing it.” Your interview strategy must be based on your investigation goals.
Prepare a wide range of questions:
- Open-ended questions (“Tell me what happened…”) to gather the narrative.
- Specific questions (“Did you send this email at 2pm…”) to verify facts.
Tailor your strategy for each witness. The questions you ask a complainant will differ from those you ask a respondent.
6. Hold the Interviews
When conducting the interview, remember: this is an investigation, not an interrogation.
Interrogations make people defensive and shut down communication. An interview should feel like a professional conversation seeking the truth. Be kind, professional, and focused. If you are relaxed and prepared, the interviewee is more likely to open up.
7. Wrap-Up and Reporting
Closure is essential. An investigation left hanging creates anxiety and gossip.
Once the findings are made:
- Report: Document the findings clearly against the evidence.
- Communicate: Inform the relevant parties of the outcome (respecting confidentiality).
- Act: Implement the recommendations to ensure the organization moves in a positive direction.
Need an Independent Investigator?
Jolasers conducts procedurally fair investigations across Victoria and Southern NSW.
Telephone: 0418 101 164 (Stephen Oliver)
Service Areas:
Melbourne | Geelong | Wagga Wagga
Common Questions
What is ‘Scope Creep’?
This happens when an investigation starts focusing on one issue but expands to cover unrelated grievances. It delays outcomes and dilutes the focus. Stick to the Terms of Reference.
Can I investigate my own employees?
You can, but it carries risk. If the employee claims you were biased, the findings may be overturned. External investigators provide a layer of legal protection.
How long should an investigation take?
It depends on complexity, but ‘timeliness’ is a legal requirement. Unreasonable delays can be viewed as unfair to the respondent.