Employment investigations in Albury Wodonga are delicate matters. They involve collecting sensitive information and making critical decisions that affect people’s livelihoods.
If done incorrectly, a botched investigation can lead to costly litigation and irreversible reputational damage. Fortunately, there are clear steps employers can take to ensure the process is watertight.
In this guide, we discuss exactly how to investigate workplace issues properly and how to avoid the common legal pitfalls.
What is an Employment Investigation?
An employment investigation is the formal process of gathering evidence related to a workplace issue. It is used to determine if a violation of company policy or law (such as the Fair Work Act) has occurred.
These inquiries can be triggered by various issues, ranging from a complex Melbourne misconduct investigation in your head office to a specific bullying complaint in your Albury branch. Regardless of location, the process requires total objectivity.
Why is it Important?
Investigations are the shield that protects your business. They help employers ensure the workplace is free from discrimination and harassment.
The Legal Obligation:
You have a duty of care. Ignoring a complaint is not an option. Failure to investigate can result in “Vicarious Liability,” where the company is held responsible for the bad behaviour of its employees.
5 Steps for Properly Investigating Employment Issues
When an issue lands on your desk, follow this roadmap:
1. Establish a Plan of Action
Do not just jump in. Establish a timeline and determine the scope. Who is involved? Do you have the resources to handle this internally? For complex cases, internal HR teams often seek external support, such as a specialized Melbourne HR investigation service, to ensure impartiality.
2. Prepare and Conduct Interviews
Interview the complainant, the respondent, and witnesses. Ensure all interviews are conducted professionally. You must offer the respondent a Support Person to ensure procedural fairness.
3. Document and Analyze Evidence
Gather the hard data. This includes emails, rosters, CCTV, and signed witness statements. Review your internal policies to see exactly which rule was allegedly broken.
4. Reach a Conclusion
Based on the evidence, you must make a finding on the “balance of probabilities.” Document this in a final investigation report that clearly explains why you reached that conclusion.
5. Avoid Legal Pitfalls
The most common pitfall is bias. If the investigator has a relationship with the accused, the entire investigation can be thrown out by the Fair Work Commission. Ensure your investigator is independent.
Conclusion
Employment investigations are a critical part of the HR process. They protect your brand, your culture, and your people.
If you are unsure if you have the internal capacity to undertake a professional inquiry in the Albury Wodonga region, do not risk it.
Need Local Investigation Support?
Jolasers has extensive experience conducting investigations in Albury, Wodonga, and Melbourne.
Telephone: 0418 101 164 (Stephen Oliver)
Service Areas:
Albury Wodonga | Melbourne Misconduct
Common Questions
Why hire an external investigator in Albury?
In regional towns, everyone knows everyone. Using a local external investigator ensures the process is unbiased and confidential, avoiding small-town gossip.
What happens if the allegations are proven?
You can take disciplinary action, ranging from a formal warning to termination. The action must be proportionate to the misconduct.
How long should the investigation take?
It should be timely. Unreasonable delays (dragging on for months) can be seen as unfair to the respondent and may invalidate the findings.