Workplace investigations, assessment & consulting

Our professional team of investigators possess formal tertiary qualifications relevant to the conduct of investigations and apply associated industrial instruments and protocols as they relate to this sector of employment law in both government and non-government situations. 

See our credentials and experience.

A workplace investigation occurs when an employer decides that an investigation should be conducted, in circumstances when there is suspected wrongdoing or misconduct in the workplace.  This means that a worker may have breached the relevant disciplinary standards applied to that work environment.

The requirement to determine the facts of a matter, an investigation, is often initiated by the relevant delegate following a referral from an internal human resource consultant or a complainant.  When this occurs a third-party investigator, independent of the business and someone like us, will be engaged.  Typically, an investigation will be required following an employee complaint regarding alleged wrong-doing or misconduct, reports of inappropriate or unacceptable behaviour, bullying, harassment, sexual harassment or discrimination in the workplace, or any breach of company policy.

A workplace investigation should occur as soon as practicable after the decision to investigate has been made.  Similarly, it should be concluded in a timely and fair-minded manner in line with contemporary protocols as defined in the CCC Publication – Corruption in Focus.

An investigation into a workplace issue/complaint can be defined as the unbiased gathering and evaluation of evidence; and coming to a conclusion of facts.

Regardless of whether an internal or external investigator has been appointed, it is essential that this person is suitably qualified and has the specialist skills to conduct workplace investigations.

Employers have a duty to ensure workplace investigations are conducted in a fair and impartial manner; be free from conflict of interest or bias; and in accordance with the principles of natural justice.

Although many internal investigators, such as human resource consultants, have the skills to conduct investigations, there are benefits in engaging the services of a third-party investigator such as BRPM Projects. More specifically, the employer:

• may not have a suitable internal resource required for an investigation particularly if there are complex and multifaceted matters/complaints;
• avoids any inference concerning perceived, potential or actual conflict of interests;
• maintains their independence, integrity and reliability, particularly when the outcomes are unforeseen; and
• may deal with the matter with fresh eyes and without bias at the conclusion of the matter when an investigation report has been furnished.

As for the parties involved, the investigator will typically need access to:

• the initial complaint or referral materials;
• all relevant company policies;
• access to any evidence from the workplace that is relevant to the matter;
• the complainant(s);
• any witnesses;
• the subject officer; and
• any expert witness (only required in certain circumstances).

Each investigation is different, as this depends on a variety of factors specifically:

• the scope of the investigation (also known as the Terms of Reference);
• complexity of the complaint(s);
• number of allegations;
• persons to be interviewed, complainant(s), witnesses and subject officer; and
• other factors that influence an investigation’s duration such as access to parties and length of the report.

That said, the employer should be given a provisional timeframe by the internal or external investigator within which the investigation is expected to be completed. At BRPM Projects, we create a detailed investigation plan including an agreed timeline and then stick to it.

At the conclusion of the investigation process, BRPM Projects will provide you with a report that includes sufficient detail as to the evidence gathered, a discussion of that evidence and the findings of fact.

With this report, you as the employer, will then be able to determine if disciplinary action should then be considered or otherwise discontinue the matter and take some other remedial action to resolve the conflict or issue in the workplace.

Additionally, it is usually the case that during the investigation process, investigators will identify some systemic failures or issues for management that can then be used to drive a positive change in the workplace, thus acting as a preventative action resulting in a lift of the integrity profile across the workplace in general. If this is the case, BRPM Projects will provide a short summary, in a separate report for consideration of the delegate, of any systemic issues, policy failures or inadequate business practices that were identified during the conduct of the investigation.

As an employer, you have a duty of care to ensure you provide a safe workplace for all employees. A workplace investigation can be a destabilising influence in the workplace, just as much as it can bring some calm to the work teams and those involved, as they are able to see that some action is being taken with regard to whatever the complaint or incident may be.

It is not the role of BRPM Projects to provide support to parties involved. However, we at BRPM Projects are also duty bound to refer back to the employer, any issues of concern relating to worker welfare or organisational health matters as we become aware of such.

To this end, as the employer, you should have in place a single point of contact for any party that requires support and also promote the access, independence and importance of engaging with an external employee assistance service.

BRPM Projects will work closely with the business contact point to assist as best we are able, the impact that an investigation may have on the workplace.