A workplace investigation is a systematic process used to examine allegations or complaints related to employee or employer conduct. The aim is to gather facts and determine whether misconduct has occurred, such as bullying, harassment, discrimination, theft, or breaches of workplace policies. This process ensures that appropriate action is taken based on the findings, which can include disciplinary measures or changes in workplace procedures.

Being investigated does not automatically mean you will lose your job. An investigation is intended to determine the validity of the allegations and whether there is sufficient evidence to support them. Bentham Sydney Employment Lawyers can help you navigate this process, ensuring that you respond effectively and are treated fairly. If the allegations are unfounded or insufficiently supported, you may avoid adverse outcomes. Our team is dedicated to protecting your rights and professional reputation throughout the investigation.

Yes, it is generally advisable to conduct a workplace investigation before proceeding with a summary dismissal. Summary dismissal, which involves immediate termination for serious misconduct, can have significant legal repercussions if not handled properly. An investigation helps ensure that there is a solid factual basis for the dismissal and that the employee has been given a fair chance to respond to the allegations. Bentham Sydney Employment Lawyers can assist with conducting or overseeing these investigations to safeguard against potential unfair dismissal claims.

Procedural fairness, also known as natural justice, is essential in a workplace investigation. It involves ensuring that the investigation is conducted in a fair and unbiased manner. This includes providing all parties with relevant information, informing them of meetings in advance, clearly presenting allegations, allowing adequate time for responses, and offering support throughout the process. Bentham Sydney Employment Lawyers can guide you in maintaining procedural fairness, ensuring that the investigation is thorough and equitable.

The outcome of a workplace investigation is based on the ‘balance of probabilities,’ which assesses whether it is more likely than not that the alleged conduct occurred. Unlike criminal cases requiring proof beyond reasonable doubt, workplace investigations rely on evaluating evidence and witness statements to reach a conclusion. Bentham Sydney Employment Lawyers ensure that the investigation process adheres to high standards of evidence and fairness, providing a solid foundation for any subsequent decisions or actions.

It is crucial to involve Bentham Sydney Employment Lawyers as early as possible when undertaking a workplace investigation. Their expertise is invaluable in ensuring the investigation is conducted impartially and in compliance with legal requirements. Early involvement helps in managing risks, maintaining procedural fairness, and addressing any potential issues promptly. Contact Bentham Sydney Employment Lawyers to secure expert guidance and support from the outset of your workplace investigation.