Workplace Investigations
Independent, impartial investigations into complaints about inappropriate behaviour at work
Employee disputes and misconduct happen in every workplace. Allegations of bullying, harassment, discrimination, fraud and other misconduct present particular challenges. They can be highly personal, complicated and unpleasant. They have serious consequences for the people involved.
If these issues are not addressed, they may result in continuing workplace problems and unnecessary costs to the employer. Employee morale may suffer, which could lead to increased absenteeism and WorkCover claims.
Few managers are experienced at investigating workplace complaints. Others have insufficient time to handle complex, emotional cases on top of their existing workload. In addition, if the investigation is run by an employee of the organisation, there is a risk of perceived bias towards either the complainant or the accused employee.
Outsourcing workplace investigations to an independent specialist is a practical, efficient and cost-effective option.
Workplace Investigations
External workplace investigators conduct an independent, impartial investigation into formal complaints about bullying, harassment, discrimination, fraud or unethical behaviour at work, and make findings of fact. They can also make comments on any apparent breaches of policy, and recommend post-investigation support strategies for you to adopt moving forward.
Engaging an experienced, independent, external workplace investigator will help you:
- address the complaint in a timely and transparent manner
- deliver procedural fairness for all parties
- ensure compliance with relevant legal and regulatory frameworks
- reduce the risk of any disciplinary action taken as a result of the investigation being overturned
- avoid distracting managers from their core responsibilities
- minimise confusion and distraction of staff
- be confident that you have reliable facts and can make defensible decisions.
Our Approach
Worklogic is the Australian industry leader for conducting reliable, fair and robust workplace investigations. In 2013, we published the highly-acclaimed book ‘Effective Workplace Investigations: A Guide for Australian HR Professionals.
The 4th edition of our book “Workplace Investigations” was published by Wolters Kluwer in 2024, including updated and expanded material on:
- whistle-blower protections,
- interview techniques,
- digital evidence,
- sexual misconduct and
- trauma-informed practice
We have conducted hundreds of investigations for employers, and have also worked with law firms across Australia to investigate complaints for their clients under legal professional privilege (LPP).
We investigate the matter efficiently, thoroughly and with discretion. Our approach is confidential, impartial, and fair to employees:
- We discuss the matter with you, agree investigation is the best strategy to resolve the complaint and determine the scope of the investigation (that is, what allegations will be investigated).
- Conduct interviews with the employees who are relevant to the allegations. Worklogic is a fully- functioning hybrid workplace and can provide services in person or via video conference. Worklogic is compliant with any current public health orders and is committed to prioritising the health and safety of staff and clients.
- Gather the documentary evidence, such as emails, file notes and digital evidence
- Review and assess all the evidence, to identify where it is ‘contradictory’ and further exploration is necessary
- Provide the complainant and respondent with an opportunity to review and comment on any evidence that is contradictory to or inconsistent with their position
- Analyse all evidence and draw conclusions, making findings of fact and (if instructed) comments on any apparent breach of your workplace policies and procedures
- Write an investigation report that clearly sets out the allegations and our findings
Our investigation reports are clear, reliable and attach all the evidence we have collected, giving you a sound basis for confident decision-making moving forward.
Where appropriate, we can then recommend post-investigation support strategies to help you rebuild working relationships after an investigation.
This is why our clients engage us for this important work.
Worklogic’s combination of professionalism and values make them a compelling and trusted service provider. We have engaged Worklogic for policy development, training and mediation and on all occasions have found them highly effective in achieving a sustainable outcome for Justice Connect and our staff.
Fiona Macleay
Workplace Services & Support
Frequently Asked Questions
When should an employer engage an external workplace investigator?
An employer should consider an external investigator when allegations are serious, complex or sensitive, or where an internal investigation may not be seen as sufficiently independent. External assistance can also be appropriate when internal teams lack the capacity or specialist expertise to undertake a fair and thorough process. Our experienced and leading investigators have significant expertise managing all types of alleged misconduct in a range of industries.
What types of complaints require a formal workplace investigation?
A formal workplace investigation is usually needed when there are serious or complex complaints, such as bullying, sexual harassment, unlawful discrimination, fraud, conflicts of interest, breaches of the code of conduct, or other unethical behaviour.
The appropriate response depends on the nature and seriousness of the complaint, the risks involved, the information available and the outcome required. Some concerns can be addressed through early management action, facilitated discussions, mediation or other proportionate measures.
In the early stage of our engagement, we will work with you to find a proportionate response rather than automatically commencing a formal investigation in circumstances where alternative approaches may be more appropriate.
How much does a workplace investigation cost?
Costs depend on the number and complexity of allegations, participants to be interviewed, documentary and electronic evidence, and reporting needs. A straightforward matter with a small number of witnesses will generally require less work than an investigation involving multiple allegations or extensive evidence.
We will assist you to clarify our scope, identify what work will be required and provide an estimate of costs based on that information. Having clarity about these parts of the process upfront will allow us to provide you with a more accurate fee estimate.
How is procedural fairness ensured during a workplace investigation?
Procedural fairness requires an impartial process and a meaningful opportunity for a person facing adverse allegations to understand and respond to the substance of those allegations before findings are made. The precise requirements depend on the circumstances. Investigators should identify allegations clearly, gather and assess relevant evidence, avoid prejudgment and consider responses and contradictory material. We employ structured investigative processes to support fair, transparent and defensible findings.
How long does a workplace investigation typically take?
Timeframes vary according to the seriousness and complexity of the allegations, witness availability, the volume of evidence and the opportunity each relevant party must have to respond. Some relatively straightforward matters can be completed within weeks; complex matters may take longer. Unexpected evidence, new allegations, leave or requests for reasonable adjustments can affect timing.
Can workplace investigations be conducted remotely?
Yes. Worklogic is a fully hybrid organisation and a national company. We are equipped to provide investigations work via video conferencing for people in all areas of Australia as a convenient and cost-saving option. Worklogic utilises both Zoom and MS teams and can work with organisation to provide the best option for interviews and meetings.
Does Worklogic do investigations in a Trauma-Informed way?
Yes, Worklogic Investigators are trained in trauma-informed investigation practices and prioritise workplace health and safety in our investigations. We understand that participant safety in an investigation is dynamic and assess it consistently throughout the investigation. We ensure that participants are properly supported during the investigation. We understand how trauma affects memory and recall and adjust our interviews and investigation accordingly.
We build trust in the investigation process by communicating clearly with participants and being transparent about our processes and methodology. Clear communication also empowers participants to make decisions about the way forward, giving them agency within the boundaries of procedural fairness.
What is the difference between a preliminary assessment and a workplace investigation?
A preliminary assessment helps an organisation understand the nature of a complaint, identify immediate risks, clarify what is alleged and determine the most appropriate next step. It does not make findings about any alleged behaviour. A formal workplace investigation is a structured evidence-gathering and assessment process designed to make findings about defined allegations, with appropriate procedural fairness. We offer both services so employers can determine whether a full investigation is warranted and, if so, ensure it is appropriately scoped.
What happens after a workplace investigation is completed?
An investigation report generally sets out the allegations, evidence considered, analysis and findings. You then decide what action, if any, is appropriate, having regard to your own policies, obligations and the circumstances. Outcomes may include management action, disciplinary processes, training, mediation or steps to address wider cultural and psychosocial risks.