Why use an external investigator in Geelong?

Using an external investigator removes bias. In smaller business communities like Geelong, internal HR staff often have personal relationships with employees, which can compromise the neutrality of an investigation.

What are the legal requirements for a workplace investigation?

The investigation must be procedurally fair. This means the accused must know the allegations, have a chance to respond, and be allowed a support person. Findings must be based on evidence, not assumptions.

Can I fire an employee after an investigation?

Yes, if the investigation substantiates serious misconduct. However, you must ensure the process was fair to avoid an unfair dismissal claim.

Workplace Investigations in Geelong ⋆

Geelong is a major economic hub for Victoria. As the region grows, so does the complexity of managing its workforce.

For local employers, the workplace plays a critical role in the city’s social fabric. As such, robust workplace investigations are essential to ensure the rights and safety of all employees in the region.

At Jolasers, our Geelong workplace investigations are conducted with the utmost care. We take into account the individual rights of employees and employers, ensuring a fair process from the initial complaint through to the final resolution.

Overview of Investigations in Geelong

A workplace investigation is an impartial process where allegations of misconduct are examined to determine the truth. It is not a “witch hunt”; it is a fact-finding mission.

The process is designed to be fair and objective. While we handle a range of complaints, the most common investigations in the Geelong region involve:

Harassment and Discrimination: Ensuring all staff feel safe at work.
Serious Misconduct: Investigating assault, safety breaches, or policy violations.
Financial Irregularities: Uncovering theft or fraud.

For complex cases involving senior management, we often coordinate with our Melbourne workplace investigation team to ensure total independence and remove local bias.

What is the Process?

While every case is unique, a standard investigation follows a structured path to ensure procedural fairness.

1. Triage and Assessment

The first step is listening. We allow the complainant to explain the issue in detail. We then assess whether a formal investigation is necessary or if the matter can be resolved informally.

2. Evidence Gathering

The investigator gathers all relevant data. This includes digital records (emails, logs), CCTV footage, and physical documents.

3. Interviews

We interview the complainant, the respondent (the accused), and any witnesses.

Note: In regional areas like Geelong and Ballarat, protecting the confidentiality of witnesses is critical to prevent small-town gossip.

4. Analysis and Report

The investigator reviews the evidence and writes a comprehensive report. This document details the findings and provides recommendations for disciplinary action or cultural repair.

Roles and Responsibilities

The investigator is the neutral arbiter. Their role is to:

Act Honestly: Treat all parties with respect and privacy.
Ensure Fairness: Provide the accused with a genuine opportunity to respond to the allegations (Procedural Fairness).
Be Timely: Complete the investigation quickly to minimize stress and disruption to the business.

Legal Considerations

Workplace investigations are governed by strict Australian laws, including:

Privacy Act: Protecting personal information.
Fair Work Act: Ensuring no “adverse action” is taken against an employee for exercising their workplace rights.
OHS Laws: Ensuring the process itself does not harm the mental health of participants.

If you are dealing with a sensitive misconduct allegation, failing to follow these laws can lead to expensive Unfair Dismissal claims.

How to Prepare

If you need to launch an investigation, do not panic.

Understand the Allegation: Be clear on exactly what rule was broken.
Secure Evidence: Ensure emails or files are not deleted.
Seek Advice: Don’t go it alone.

Conclusion

Conducting an unbiased internal investigation is difficult, especially in tight-knit Geelong teams where everyone knows everyone.

External investigators remove the bias and stress. If you need support, contact Jolasers to discuss the best approach.

Need a Geelong Investigator?

Jolasers provides independent, discreet investigations for Geelong businesses.

Telephone: 0418 101 164 (Stephen Oliver)

Call Now: 0418 101 164

Service Areas:
Geelong | Melbourne | Ballarat

Common Questions

Do I need an investigator for a small complaint?

Not always. Minor disagreements can often be solved with mediation. Formal investigations are for misconduct, safety breaches, or bullying.

What happens if the employee resigns?

You should generally complete the investigation to create a record of findings. This protects the business if they later claim ‘Constructive Dismissal’.

Is the report confidential?

Yes, but the findings (substantiated/unsubstantiated) must be shared with the parties involved so they understand the outcome.