Misconduct Investigations
Safety breaches, dishonesty, theft, substance use, policy breaches and conduct that may warrant summary dismissal.
These matters are rarely straightforward, and never routine
Bullying and harassment complaints are harder than most misconduct matters. The conduct is often a pattern rather than a single event. There are frequently no witnesses. Both parties are usually still employed, often in the same team. And the person complaining is, almost always, frightened of what happens next.
Handled well, the process itself can restore some confidence even where allegations aren't substantiated. Handled badly, it causes more damage than the original conduct.
What we investigate
- Bullying: repeated unreasonable behaviour creating a risk to health and safety
- Sexual harassment and sexually harassing conduct
- Discrimination and adverse treatment on protected grounds
- Victimisation following a complaint
- Conduct that falls short of a legal threshold but breaches your own code
How we approach them
- Trauma-aware, without losing rigour. How interviews are conducted matters. People recalling distressing events don't give evidence in neat chronological order, and an investigator who mistakes that for inconsistency reaches the wrong conclusion. We interview with care and still test the evidence properly.
- Patterns, not just incidents. Bullying is defined by repetition. An investigation examining each allegation in isolation frequently misses what's actually happening.
- Procedural fairness for the respondent. Being investigated for this is serious and frightening too. The respondent gets the allegations put clearly, adequate time, and a genuine opportunity to respond.
- Welfare throughout. Support person rights explained, welfare support flagged, and realistic advice to the employer about managing both parties during the process.
- Findings that are usable. Clear findings on each allegation with reasoning, so you can act on them.
Positive duty and psychosocial risk
Australian workplace law has moved toward requiring employers to take proactive steps to eliminate sexual harassment and related conduct, and to manage psychosocial hazards, rather than simply responding after a complaint.
Practically, that means the response to a complaint is no longer the whole obligation. Where an investigation reveals a systemic issue (a supervisor everyone has complained about for years, a site culture, an absent reporting pathway) addressing it is part of what's expected.
Our reports flag those issues where we find them.
Common questions
The complainant doesn't want a formal investigation. What now?
That's common and it needs care. You have obligations that don't disappear because someone would rather not proceed, but there are options short of a full investigation depending on seriousness. Talk it through before deciding.
There were no witnesses. Can it still be investigated?
Yes. Most bullying and harassment matters have no direct witnesses. Findings rest on the accounts of the parties, surrounding evidence, contemporaneous records, and assessment of reliability. "No witnesses" is not the same as "no evidence."
What if the allegations aren't substantiated?
That's a legitimate outcome and we report it plainly. It doesn't mean the complainant lied: it means the evidence didn't support the finding. How that outcome is communicated, and how both parties are supported afterwards, matters enormously.
Can we mediate instead?
Sometimes. Where serious allegations need to be tested and findings made, that's an investigation. Where the substance is a broken working relationship, mediation is often better. We'll assess it with you rather than defaulting either way.
Ready to talk?
Tell us what you need and we'll take it from there.
Related services
All services →Workplace Disputes & Grievances
Support for WA employers handling grievances, workplace disputes and escalating conflict: including disputes under enterprise agreement procedures.