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The Importance of External Workplace Investigators

Sibley Lawyers has a proud history of conducting external workplace investigations. In Australia, workplace investigations are structured processes designed to address allegations of misconduct or policy violations, ensuring accountability and a safe work environment while upholding employee rights.

The Importance of External Workplace Investigators

While HR or management staff may handle less complicated investigations, complex or sensitive allegations necessitate an independent external workplace investigator. This is especially true for cases involving senior managers or executives, or where there is potential for follow-on litigation as in Crowley v Modcon Group Pty Ltd [2024] FWC 1423. Poor internal workplace investigation saw Mr Crowley receive the full 26 weeks compensation cap for unfair dismissal under the Fair Work Act 2009 (Cth). An external investigator ensures impartiality and procedural fairness, reducing the risk of decisions being overturned on appeal.

Why Choose Sibley Lawyers?

  1. Impartiality and Procedural Fairness: Our investigations are conducted with impartiality, ensuring all parties have confidence in the process and outcomes.
  2. Timeliness: We handle complaints promptly, recognising that time is of the essence.
  3. Reduced Stress on Management: By taking on the investigative workload, we alleviate stress on managers and HR staff.
  4. Confidentiality: Our law firm maintains a high level of confidentiality throughout the investigation.
  5. Clarity and Relevance: We focus on identifying the real facts of the allegation, sidelining extraneous matters.
  6. Expert Interviews: Only the most relevant witnesses are interviewed, with their evidence recorded verbatim.
  7. Compliance: We ensure full compliance with all legal and regulatory requirements.
  8. Comprehensive Evidence: All relevant evidence is sourced, tested, and verified, accurately portrayed in the final report.
  9. Separation from Disciplinary Steps: Our investigation is distinct from any disciplinary actions, providing unbiased information for decision-makers.

The Sibley Lawyers Difference

ALL OUR INVESTIGATIONS ARE DONE BY LAWYERS WITH A PRACTISING CERTIFICATE.

We do not use so-called HR experts or consultants who have no statutory obligations to ensure investigations are confidential and conducted ethically. Sibley Lawyers, with over 80 years of combined experience, provides transparent, impartial, and effective workplace investigations for both public and private sectors. Our experience includes major scale investigations such as the Fitzgerald Enquiry and Parliamentary reviews of Police Powers in Queensland. This ensures our investigation reports are comprehensive, reliable, and logical, enabling decision-makers to act with confidence.

Our Ultra Professional Proven Approach

Our workplace investigations follow a structured process in that our proven approach to workplace investigations are fair, impartial, prompt and thorough. We deliver our findings in a written report, which provides insights into underlying causes, such as lack of capability, culture and management style.

We clearly identify the allegations and clarify the written Terms of Reference with our client then we implement the Workplace Investigation Process in the following structured steps

  1. Review: All relevant organisational policies, procedures and codes of conduct, professional standards, relevant industrial instruments and employment contracts are reviewed. We also identify and review material legislative obligations.
  2. Verify: Make other inquiries to verify information put forward as fact including but not limited to the interviewing of the relevant individuals
  3. Seek advice (only if required): Obtain and evaluate advice from appropriately qualified experts on technical matters
  4. Report: Write a detailed investigation report making findings as to whether, on the balance of possibilities, the allegations are made out to the required standard of proof.
  5. Optional Services: Optional services include recommendations on relevant management and systematic / operational issues and advice in cases of false, vexatious or misconceived allegation.
  6. Debrief: A thorough debrief is provided to our client and/or other parties, as directed by the client, on completion of the report.

Types of Allegations Covered

Sibley Lawyers’ workplace investigations cover a wide range of allegations, including:

  • Misconduct
  • Careless, incompetent, and inefficient performance of duties
  • Corrupt conduct
  • Professional misconduct and negligence
  • Bullying and victimization
  • Workplace and sexual harassment
  • Discrimination
  • Code of conduct breaches
  • False or vexatious complaints
  • Verbal and physical abuse
  • Grievances
  • Contravening lawful directions
  • Misuse and misappropriation of assets and resources
  • Use of illegal drugs in the workplace
  • Breaches of confidentiality and unauthorized access to confidential information
  • Fraud and theft
  • Deficient and corrupt procurement processes.

Definitions of behaviour types:

Inapproriate behaviour
Actions, conduct, or communication that violates professional norms, disrupts the workplace, and has negative impacts on the team. Such behaviours damage respect and collaboration, ultimately resulting in a loss of productivity. In some extreme cases, it can also lead to legal consequences.

Workplace bullying
Repeated, unreasonable behaviour in the workplace that causes a risk to the health and safety of an employee or group of employees. It can range from poor behaviour towards a peer or group of peers, to cases of reverse bullying (towards superiors and senior management), or downward bullying (leading to lack of trust).

Workplace discrimination
Unlawful discrimination when an employee, or group of employees, is subject to adverse action, based on numerous protected attributes, including their background, age, disability, race, sex, sexual orientation, education, and employment status.

Workplace harassment
Physical and/or verbal behaviours that are repeated and unreasonable creating a risk to their health and safety. This could include including intimidation or humiliation directed towards an employee or group of employees which could also disrupt the working conditions.

Workplace misconduct
One-off or repeated patterns of serious misconduct that are wilful or intentional, and are inconsistent with the standards, values, and principles of their organisation, causing imminent risk to the health and safety of their peers and damaging the employer’s brand.

Workplace sexual harassment
Harassment that occurs when an employee makes unwelcome sexual advances, requests for sexual favours, or engages in other unwelcome conduct of a sexual nature, where it would be reasonable to expect that the employees being sexually harassed would be offended, humiliated or intimidated.

Conclusion

Sibley Lawyers is committed to delivering clear, defensible findings of fact through agile and adaptable workplace investigations. Our approach cuts through the white noise, providing decision-makers with the clarity needed to resolve issues effectively.

For more information on how Sibley Lawyers can assist with your workplace investigation needs, please contact us today.