workplace investigation experts

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Workplace investigations are generally conducted to investigate complaints of employee misconduct. It will also be appropriate to conduct a workplace investigation if an employer reasonably suspects an employee has engaged in misconduct, even if no employee has made a formal complaint. 

You should consider engaging Burn Legal Australia to conduct the workplace investigation when:

• The complaint is complex or involves allegations about serious or sensitive matters. 
• Senior employees will need to be interviewed.
• The employer wants to claim legal professional privilege to prevent the disclosure of the investigation report. 

Burn Legal Australia will prepare the relevant correspondence to investigation participants, conduct the investigation interviews and then prepare a workplace investigation report. 

Burn Legal Australia prepares investigation reports that set out:

• Key factual findings. We will consider all the relevant evidence and then determine, on the balance of probabilities, whether the allegations have been substantiated or not. 
• Legal analysis in relation to the factual findings. For example, does the conduct constitute bullying within the meaning of the Fair Work Act?
• Practical recommendations and next steps. 

If an employee is dismissed based on the findings of a workplace investigation, the workplace investigation process and findings will often be scrutinised by the Fair Work Commission / Court. Some common mistakes with workplace investigations include:

• Bias or perceived bias in the person conducting the investigation. 
• Arriving at factual conclusions not supported by the evidence. 
• Confidentiality breaches that can undermine the integrity of the investigation and expose the alleged wrongdoer to reputational damage. 
• Delay in completing an investigation. 
• Procedural fairness concerns. For example, by not providing the alleged wrongdoer with an opportunity to respond or not interviewing key witnesses. 
• Not following established policies and procedures for conducting the workplace investigation.