Bullying & Harassment Investigations
Complaints of bullying, sexual harassment, discrimination and related conduct. Handled with care for everyone involved and to a standard that holds up externally.
When termination is a realistic outcome, process is everything
Misconduct matters differ from bullying and harassment complaints in one important way: the likely outcome is often disciplinary, up to and including summary dismissal.
That raises the stakes on process considerably. A finding of serious misconduct that can't withstand scrutiny doesn't just fail. It converts a justified termination into an unfair dismissal, and hands the employee a remedy they wouldn't otherwise have had.
What we investigate
- Safety breaches, including serious or wilful breaches of critical controls
- Drug and alcohol policy breaches, including refusals to test
- Theft, fraud and dishonesty
- Falsification of records, timesheets or qualifications
- Misuse of company property, systems or information
- Serious insubordination or refusal of a lawful and reasonable direction
- Conduct outside work with a sufficient connection to employment
- Breaches of code of conduct or policy
What's included
- Allegation drafting Getting this right is the most underrated step. Allegations that are vague, compound or unsupported by evidence undermine everything that follows. Each allegation is drafted as a specific, particularised statement the respondent can actually answer.
- Evidence Documents, records, system logs, CCTV, test results, rosters and witness accounts: collected, preserved and assessed.
- Interviews Conducted with support person rights explained, allegations put clearly, and adequate opportunity to respond.
- Findings Each allegation assessed on the balance of probabilities. Where the allegation is serious, the evidence needs to be correspondingly cogent, and our reports reflect that.
- Report Findings and reasoning, written to support a decision: not to make it. The disciplinary decision remains yours.
Our experience
Misconduct investigations across mining, LNG, construction, manufacturing and aviation, including safety breaches and drug and alcohol matters on operating sites, and matters involving senior and site leadership.
We investigate misconduct for employers in every sector. Professional services, health and aged care, not-for-profit, education, retail and local government among them. Each brings its own complications: preserving evidence in a live environment, managing a respondent who is rostered on, handling a small team where everyone knows what's happening, or working alongside a regulator with its own reporting timeline. We plan for those from the outset.
Common questions
Can we stand someone down while we investigate?
Often, depending on the seriousness of the allegations, the risk, and what your policies and agreement provide. Standing down should be a considered decision with a documented reason, not a reflex.
Do we have to investigate if the evidence looks obvious?
Usually yes. Evidence that appears conclusive frequently has an explanation nobody sought. A fair process where the employee gets to respond is what makes the subsequent decision defensible.
What if the employee resigns during the investigation?
You can generally complete the investigation, and there are often good reasons to: particularly where safety or other employees are involved. Whether to do so is worth thinking about deliberately.
Can findings be used in a Fair Work matter?
An investigation report can support your position, but it doesn't determine the outcome. What matters is whether there was a valid reason and whether the process was fair. A well-conducted investigation is strong evidence of both.
Do you make the decision about termination?
No. We investigate and report findings. The employment decision is yours, and keeping that separation is part of what makes the process defensible.
Ready to talk?
Tell us what you need and we'll take it from there.
Related services
All services →Employee Relations
The everyday matters that become expensive if they're handled badly.