When a workplace complaint involves serious allegations – such as bullying, harassment, discrimination, misconduct, or policy breaches – you may need to conduct an investigation to establish the facts and determine appropriate outcomes.
We conduct workplace investigations that are impartial, evidence-based and grounded in procedural fairness to support compliant and defensible decision-making.
We support Queensland businesses with sensitive and complex matters – helping you take appropriate action early, reduce escalation, and demonstrate your commitment to a safe, respectful and compliant workplace.
A workplace investigation is a structured fact-finding process carried out by an employer or an independent third-party investigator to gather information about an incident or compliance concern in the workplace. A well-run investigation helps employers manage risk, meet workplace obligations, and maintain employee confidence in the fairness of workplace processes.
While some workplace issues can be addressed through informal resolution or mediation, an investigation is often appropriate where allegations are serious, repeated, or involve potential breaches of law or workplace policy.
Common triggers include:
Allegations of bullying or harassment (including sexual harassment)
Allegations of discrimination or other unlawful conduct
Serious misconduct or repeated misconduct concerns
Health and safety related incidents (including psychosocial hazards)
Breaches of workplace policies, codes of conduct or confidentiality
Complaints involving managers, leaders, or conflicts of interest
If you’re unsure whether a matter requires investigation, our team can help you triage the issue and determine the most appropriate pathway (e.g. investigation, mediation, management action, or other risk controls).
The most critical element of any workplace investigation is ensuring procedural fairness for everyone involved. In practice, this means:
providing clear information about allegations and giving a genuine opportunity to respond
allowing reasonable time to respond (particularly where allegations are complex)
offering the option of a support person in interviews
ensuring the investigator is impartial and evidence-driven
making findings based on the balance of probabilities
A defensible outcome often depends not only on what happened, but on the fairness and integrity of the process used to reach findings. The Fair Work Commission has repeatedly highlighted the importance of procedural fairness in dismissal and conduct matters.
Our workplace investigation approach
We follow a structured investigation methodology based on best-practice investigations.
01
Initial assessment and scoping
Clarify the complaint/allegations and identify relevant policies and obligations
Determine whether a formal investigation is required, or whether an alternative pathway is more appropriate
Set scope, timing, confidentiality parameters, and interim risk controls where necessary
02
Investigation planning
Confirm allegation particulars and the issues to be determined
Identify likely witnesses and sources of evidence (e.g., emails, rosters, CCTV where applicable)
Establish a clear plan and interview sequence
03
Interviews and evidence collection
Interview relevant parties using a neutral, professional approach
Provide the respondent with a fair opportunity to respond to allegations
Document interviews and gather supporting materials
04
Evidence assessment and findings of fact
Assess evidence consistency and credibility
Make findings on the balance of probabilities for each allegation
05
Investigation report and closure support
Deliver a written investigation report outlining process, evidence considered, and factual findings
Support employers to communicate outcomes appropriately and implement next steps (while maintaining privacy and confidentiality)
How we can support you
Depending on the scope and complexity of the matter, we can help you with:
and end-to-end investigation management
a written investigation report with findings of fact
practical guidance on outcome implementation (e.g., process steps, documentation considerations, confidentiality)
a post-investigation support such as training and policy improvements
support with broader ER/IR risk management and, where relevant, assistance with matters that may proceed to external jurisdictions (e.g., Fair Work Commission)
Matters involving sensitive allegations
Investigations involving sexual harassment, gender-based harassment, bullying or other sensitive issues require a careful approach that prioritises dignity, confidentiality and wellbeing. We apply a trauma-informed and procedurally fair process, including clear expectations for participants, appropriate interview settings, and support person options.
When an external investigator is particularly valuable
Engaging an independent third-party investigator is commonly appropriate where:
the allegations are serious or high-risk
there is a real or perceived conflict of interest for internal decision-makers
the matter involves senior employees or complex workplace dynamics
impartiality is critical to maintain workforce confidence and reduce legal risk
your own policies require external investigation for certain matters
Cost and engagement
Workplace investigations are scoped based on complexity, number of allegations, witnesses, and evidence sources. We can provide a quote once the scope is defined.
If you are dealing with a complex or sensitive workplace matter, our experienced team can help you determine the right approach and, where appropriate, conduct an impartial workplace investigation aligned to procedural fairness.
Bachelor in Behaviour Sciences in Psychology, and a Masters in Human Resources Management, Ezra specialises in award interpretation, enterprise bargaining and workplace investigations.
Maria holds a Bachelor of Business with a major in Employment Relations & HR Management. She is dedicated to delivering thorough HR compliance assessments to ensure businesses meet their regulatory obligations.
With a Bachelor of Laws (Honours) and Bachelor of Business Management (majoring in Human Resources), Chloe specialises in developing company policies and procedures, and Enterprise Bargaining Agreements.
What should I do if an employee is accused of misconduct?
When a concern is raised about your employee’s behaviour, it can be tempting to act quickly, especially if the issue has affected other team members or disrupted the workplace.
Before making any decisions, take the time to understand what has happened. The right approach will depend on the nature and seriousness of the allegation. Sometimes a conversation is enough to resolve an issue, while other situations may require a more formal investigation.
The key is to focus on the facts and make sure everyone involved has an opportunity to share their perspective. Taking a measured approach can help you make informed decisions and maintain trust in the process.
Do I need to formally investigate every complaint or allegation?
Not necessarily.
Every workplace concern should be taken seriously, but that doesn’t mean every issue requires a formal investigation. In some cases, a conversation, coaching or mediation may be enough to address the situation.
A good place to start is by considering the nature of the concern and the impact it’s having on your employees and your workplace. Issues involving bullying, harassment, discrimination, safety, or potentially serious misconduct will often require a more structured response.
The important thing is to choose an approach that fits the circumstances and helps you understand what’s happened before deciding what to do next.
Can I dismiss an employee for misconduct?
Potentially, but it’s important to understand the full picture before deciding on an outcome.
Not all misconduct is the same, and not every misconduct issue will justify dismissal. The seriousness of the conduct, the surrounding circumstances, and your employee’s response are all factors that may need to be considered.
For many business owners and managers, the challenge isn’t deciding whether a behaviour was appropriate, it’s determining the most appropriate response. Before taking disciplinary action, make sure you’ve gathered the relevant information and given your employee an opportunity to respond to the concerns raised.
The best outcome is one that is fair, reasonable and proportionate to the situation, while also supporting the standards and expectations of your business.
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