Workplace Investigations | PerformHR

PerformHR’s team of experienced investigators conduct independent and impartial investigations ranging from informal complaints to complex matters involving significant and highly sensitive allegations, to make findings of fact. We can review your internally conducted investigation and provide recommendations with regards to process undertaken, and mitigate potential external testing and challenges. We can also get right to the heart of the problem and help you address it in the workplace.

 

The PerformHR team of investigators is experienced in dealing with complaints from operational to senior executive and board level, and dealing with parties represented by unions. In some instances we investigate possible breaches of workplace laws and always consider the principles of procedural fairness and natural justice when undertaking the investigation.

Read our secret to successful workplace investigations

A workplace investigation is an
impartial investigation into formal
complaints about unethical behaviour
at work, bullying, harassment,
discrimination or conduct
contrary to internal policy.

Why PerformHR?

We can provide the right expertise when you need it most. You won’t get a contractor fumbling their way through complex investigations. When you engage PerformHR to undertake workplace investigations in Sydney, Brisbane, Perth, Newcastle or Melbourne, you get a team with the right skills, training and tools.

PerformHR investigators are senior members of our team with significant experience across HR, Risk and Employment Relations. Several members of the team are admitted solicitors who undertake continual development. Our team of investigators has conducted a large number of workplace investigations across a diverse portfolio of sectors and industries – from listed corporate entities, to government organisations and the not-for-profit sector. We have extensive experience working in highly regulated industries where the outcome of the investigation will likely be subject to external review.

  • All workplace investigations undergo a thorough Quality Assurance process that includes multiple layers of review at different levels by the PerformHR team.
  • We provide a comprehensive investigation report outlining each allegation made and the analysis performed that underpins the findings as to whether, on the balance of probabilities, the allegations are made out to the required standard of proof.
  • We also provide an optional report that sets out our observations regarding the root cause of the issues that led to the complaint. This includes pragmatic recommendations addressing relevant operational issues, cultural or human resource issues at no additional cost to you.

Our approach

In the case of a workplace investigation, we will:

  • Discuss the matter with you, clearly identify the allegations and agree on the Terms of Reference of the Workplace Investigation.
  • Review all relevant internal policies, documented procedures, codes of conduct, employment contracts and professional standards where applicable.
  • Identify and review relevant industrial instruments, material legislative and regulatory requirements.
  • Conduct interviews with the employees and parties who are relevant to the allegations.
  • Gather documentary evidence including emails, text messages, file notes and digital evidence.
  • Review and assess all the evidence gathered to identify whether any aspects are inconsistent with witness testimony.
  • Provide the complainant(s) and respondents(s) with the opportunity to review and comment on the possible inconsistencies.
  • Perform analysis in accordance with the PerformHR Workplace Investigations Framework and draw conclusions making findings of facts.
  • Perform internal Quality Assurance reviews (at different points of the investigation).
  • Provide a report for management that clearly sets out the allegations, evidence, analysis and findings.
  • If requested, provide a separate report that includes a set of recommendations addressing the root cause of the complaint. There is no additional cost for this report.

When should you investigate?

Timing is of the essence. You should conduct a workplace investigation as soon as practicable to demonstrate that the alleged conduct will not be tolerated, and that the issue warrants immediate attention.

An informal response to complaints made about inappropriate behaviour, bullying or harassment is simply not appropriate. Employers may be held vicariously liable for harassment and bullying behaviour at the workplace, so it’s vital to address such complaints promptly and appropriately.

Delays in initiating a workplace investigation could result in loss of evidence as witnesses’ memories become unreliable, documents are misplaced or footage is taped over or erased. In some cases, you may not become aware of allegations until some time after the incident occurred. Whilst an immediate investigation is optimal, the requirement to investigate as soon as possible is not diminished in delayed circumstances – even if you suspect little evidence remains.

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