When Is a Workplace Investigation Required?
A formal investigation may be appropriate where allegations are serious, disputed or involve multiple employees. Common examples include bullying, sexual harassment, discrimination, misconduct, dishonesty, safety issues, confidentiality breaches and complaints involving managers or senior employees.
Not every complaint requires the same process. The response should be proportionate to the circumstances.
How We Help
We assist with initial assessment, investigation strategy, terms of reference, procedural fairness, evidence, interviews, findings, disciplinary action and post-investigation decisions. Where appropriate, we can also assist with an independent investigation process.
Managing Workplace Complaints
The initial response to a complaint can influence the entire matter. Employers should identify what is alleged, who is involved, whether immediate risks exist, what evidence should be preserved and whether interim workplace arrangements are required.
Procedural Fairness
Where findings may lead to disciplinary action, the employee should generally understand the substance of the allegations and have an appropriate opportunity to respond. The employer should genuinely consider that response before reaching a final conclusion.
Independent Investigations
Independence may be particularly important where allegations concern senior management, HR personnel, business owners or other people who would ordinarily manage the complaint. It can also be appropriate for serious or highly sensitive allegations.
What Happens After an Investigation?
The investigation findings are not necessarily the end of the process. The employer may need to consider disciplinary action, workplace changes, training, counselling, policy improvements or other responses based on the findings.
Investigations and Termination Risk
If an investigation may result in termination, employers should consider the evidence, findings, employee response and proposed disciplinary outcome carefully before making the final decision.
Supporting Employers Across the Sunshine Coast
We assist employers across Maroochydore, Mooloolaba, Buderim, Birtinya, Kawana, Caloundra, Noosa, Nambour and surrounding areas.
Employment Law For
Sunshine Coast Employers
Have questions about your workplace obligations or an employment matter? Find answers to some of the questions we commonly receive from employers.
When should an employer seek legal advice?
Early advice is often most valuable before a significant workplace decision or process is finalised.
Can Saines Legal assist before action is taken?
Yes. We can review the circumstances, documentation and proposed process and help identify potential employment law risks.
Do you assist businesses throughout the Sunshine Coast?
Yes. We assist employers across Maroochydore, Mooloolaba, Buderim, Birtinya, Kawana, Caloundra, Noosa, Nambour and surrounding areas.
Speak With a Sunshine Coast Employment Lawyer
Contact Saines Legal to discuss your workplace matter with a Sunshine Coast employment lawyer.