When should I launch a workplace investigation?

You should launch an investigation when you receive a formal complaint of bullying, harassment, discrimination, or become aware of serious misconduct like theft or safety breaches.

What is the standard of proof in a workplace investigation?

The standard is the 'Balance of Probabilities'. You do not need to prove it 'beyond reasonable doubt' (like criminal court), just that it is more likely than not that the event occurred.

Why hire an external investigator?

External investigators provide impartiality. This is crucial when the allegations involve senior managers or complex legal issues, as it prevents claims of bias or conflict of interest.

When and How to Launch a Workplace Investigation ⋆ Jolasers Private Investigation Services

Workplace investigations are one of those tasks you wish you never had to undertake. They are stressful, time-consuming, and fraught with legal risk.

However, once you are aware of an allegation, you cannot ignore it. Whether it is a safety breach or a bullying complaint, it must be addressed immediately.

A properly conducted investigation protects your employees and your company’s reputation. A botched one can lead to unfair dismissal claims. Here is your guide on when to launch an inquiry and how to ensure it is procedurally fair.

When to Launch a Workplace Investigation

Not every grumble requires a formal inquiry. You must triage the issue first. However, you should generally launch a formal process for:

Harassment & Bullying: If an employee claims they are being targeted, you have a legal duty to act. If you are based in the city, you may need to investigate the matter in Melbourne promptly to prevent the behaviour from escalating.
Safety Concerns: Threats of violence or repeated “near misses” in the warehouse are red flags that require immediate fact-finding.
Financial Irregularities: Suspicions of embezzlement, theft of stock, or falsifying time-sheets.
Policy Violations: Serious breaches of your Code of Conduct, such as drug use at work.

6 Steps to Conducting a Fair Investigation

If you determine an investigation is necessary, follow this roadmap to ensure the findings stand up to scrutiny.

1. Gather Information (Triage)

Before interviewing anyone, gather the hard data. This includes the initial written complaint, emails, rosters, and CCTV footage. Do not rely on hearsay.

2. Interview the Complainant

Get their story on the record. Ask specific questions: Who, What, Where, When?

3. Interview Witnesses

Speak to colleagues who may have witnessed the event. This is crucial for verifying the complainant’s version of events.

Regional Note: If you are conducting inquiries in Albury Wodonga or other close-knit regional towns, ensure you emphasize confidentiality to stop small-town gossip from derailing the process.

4. Interview the Respondent

You must give the accused a fair chance to respond.

Critical Rule: You must provide them with full details of the allegations before the meeting and offer them a Support Person.

5. Reach a Conclusion

Weigh the evidence on the “Balance of Probabilities.” Is it more likely than not that the incident occurred? Avoid making assumptions based on personal like or dislike of the employee.

6. Take Appropriate Action

If the allegation is substantiated, the disciplinary action must fit the crime. This could range from a warning and counselling to termination of employment.

What to Do After the Investigation

The process doesn’t end with the report. You must close the loop.

Notify Parties: Inform both the complainant and the respondent of the outcome (substantiated or unsubstantiated).
Repair Culture: Investigations cause tension. You may need to run refresher training on acceptable workplace behaviour to reset the team dynamic.

Should You Outsource It?

Internal investigations work for minor issues, but for serious allegations (like sexual harassment or fraud), internal bias can be a major risk.

If you are worried about impartiality, you should engage a specialised Melbourne investigation team like Jolasers.

We understand the importance of being thorough. Our team ensures that every interview is documented, every piece of evidence is secured, and the final report is legally defensible.

Need a Neutral Investigator?

Don’t leave your reputation to chance. Jolasers conducts unbiased investigations across Victoria and NSW.

Telephone: 0418 101 164 (Stephen Oliver)

Call Now: 0418 101 164

Service Areas:
Melbourne | Albury Wodonga

Common Questions

How long should an investigation take?

It depends on complexity, but generally 1-2 weeks. Dragging it out for months is unfair to the participants and can be viewed negatively by the Fair Work Commission.

Can I suspend the accused?

Yes, if there is a risk to safety or evidence tampering. However, suspension should usually be on full pay to avoid the appearance of prejudging the outcome.

What if they refuse to answer questions?

Employees have a duty to follow lawful and reasonable directions. Refusing to answer questions about their conduct can be a separate disciplinary issue (insubordination).