Workplace Investigations
Sibley Lawyers: Your Trusted Partner in Workplace Investigations
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?
Our investigations are conducted with impartiality, ensuring all parties have confidence in the process and outcomes.
We handle complaints promptly, recognising that time is of the essence.
Our law firm maintains a high level of confidentiality throughout the investigation.
We focus on identifying the real facts of the allegation, sidelining extraneous matters.
Only the most relevant witnesses are interviewed, with their evidence recorded verbatim.
We ensure full compliance with all legal and regulatory requirements.
All relevant evidence is sourced, tested, and verified, accurately portrayed in the final report.
Our investigation is distinct from any disciplinary actions, providing unbiased information for decision-makers.
What behaviours cross the line?
The Sibley Lawyers Difference
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
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.
Verify
Make other inquiries to verify information put forward as fact including but not limited to the interviewing of the relevant individuals
Seek advice (only if required)
Obtain and evaluate advice from appropriately qualified experts on technical matters
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.
Optional Services
Optional services include recommendations on relevant management and systematic / operational issues and advice in cases of false, vexatious or misconceived allegation.
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.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 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.
But don't just take our word for it
Our Track Record Speaks for Itself
We don’t just promise results, we deliver them. We’ve secured acquittals, reduced charges, and protected the freedom and reputations of countless clients. But don’t just take our word for it. Read our client testimonials to see what our clients have to say about our dedication, expertise, and results.
FEATURED
Gail Patterson
Professional and thorough
Nurture In Harmony
I highly recommend Sibley Lawyers for anyone dealing with workplace issues, including personal injuries. After my union lawyers refused to support me in a workplace dispute, Justin Sibley and Jack McDonald stepped in and made all the difference. They were incredibly knowledgeable, responsive, and truly committed to my case. Despite the lack of support from my union, to which I had paid fees for 13 years, Justin and Jack worked tirelessly to ensure I was treated fairly and helped me achieve a positive outcome. Their expertise in employment law and genuine dedication gave me the confidence to move forward. If you’re looking for lawyers who will fight for you when others won’t, Sibley Lawyers is the firm to trust!
Lyniece Rostant
Dena Miller
I couldn’t be happier with Sibley Lawyers if I tried. The team is fantastic and passionate about what they do. A particular shout out to their Senior Paralegal, Kate Rasmussen! She has worked tirelessly on several matters for me and achieved positive outcomes. She is always professional, friendly, dedicated and passionate when it comes to her clients. Your determination to obtain justice for me is greatly appreciated Kate 🙏
Madonna Arca
On behalf of my brother Peter:
I was represented by Sibley Lawyers in a Personnel Injury Claim and Jack McDonald worked extremely hard and was very devoted in achieving a great result. He has been extremely professional and very thorough with his ongoing research into my claim. I would high recommend Sibley Lawyers and in particular Jack McDonald.
Hayley Reid
I have needed the services of Sibley Lawyers for a couple of years now. They are extremely thorough, knowledgeable and above all approachable and trustworthy. They have been dealing with my protracted issue that has been handled very professionally and successfully at every turn. When this is all concluded I hope to never need their services again but if I, or anyone I know does, Sibley will be the first call. Thanks team.
Amy Reeve
I have been a Sibley Client since 2021. Justin and his team are very knowledgeable in their legal profession and have provided me the advice and support needed. I had some oustanding pay queires that needed to be resovled with my employer, the Sibley team acted on this very swiftly resulting in a postive outcome for me. I highly reccommend their service.
Brett Rawlings
I’ve been a client with Sibley Lawyers Employment Law Services over the past couple years. They have saved my job and helped me out with certain enquiries and never once have they not cared about their clients. I highly recommend and it is a must. Join up today
Cass Jefferson
Justin Sibley and his team are the consummate professionals in law.
I have used his services as a retained client as a Qld Government employee, as well as being a personal client. Justin always impresses me. When push comes to shove, you need someone like Justin in your corner. Not only does he understand the law and all of its complex mechanics, but he has the ability to win with his attention to detail, unwaivering knowledge and courtroom charisma. As mentioned I Highly Recommend Sibley Lawyers to anyone needing legal representation, they’re a tremendous firm.
Luke Doherty
Sibley law and especially Nick Ware are amazing and I could not recommend a better criminal defence lawyer.
He’s professional, personable and very thorough. Always put my worries and mind at ease with his professional advice and very contactable, not fobbed off to a secretary.
The outcome of what I wanted, happened and I was also upfront and honest from the start with no judgement whatsoever from Nick.
I went into the experience alone and can really say I have come out with a great result and someone I’ll call a mate.
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