OUR SERVICES
Workplace Investigations
Why conduct a workplace investigation
Workplace investigation services are commonly required following allegations of misconduct or grievances within the workplace. This can place an employer in a highly vulnerable position, causing confusion for all concerned. If not managed through fair and transparent investigation methods, the situation can quickly escalate resulting in negative relationships and an inefficient work environment.
Historically, workplace issues handled in-house result in investigative actions and decisions being undertaken by a single manager. In recent years, there has been an increase in appeals and subsequent overturning of in-house investigation outcomes by Industrial Commission and courts. This results in financial penalties and negative views of the employer. Despite the employer in the majority of these being correct in their decision, it is ultimately a lack of procedural fairness and flaws in the investigation process that leads to these unfavourable judicial rulings.
With increasing scrutiny of procedural fairness including conflict of interest and personal bias during the investigation processes, many Government departments and contemporary employers now outsource their workplace investigations. This ensures decisions are defensible and reputations are not tarnished by public records following legal proceedings.
So what is it exactly?
Our dedicated Workplace Investigation team of licenced investigators specialise in a wide range of workplace disputes. This includes conflict, bullying, harassment, psychosocial injuries, misconduct, disciplinary breach, underperformance, discrimination, duress, denial of entitlements, unlawful industrial action, sham contracting, misclassification of employment status, unfair dismissal and many other workplace grievances.
To ensure our clients are presented with the most cost-effective solution, we offer a full range of investigative services. From complaint assessment, preliminary enquiries, full and assisted investigations, grievance procedures, fact finding and psychosocial investigations utilising a victim centric trauma informed approach, our team will tailor a solution to suit individual needs. Once the terms of engagement and scope has been agreed to, we will manage the investigation process and provide regular updates. Our process will deliver clear, concise investigation reports with defensible findings based upon facts that are supported by evidence.
Whether you are a government department seeking investigation services from an approved Common Use Arrangement for Human Resource (HR) and Investigation Services company, or a private sector employer of any size, contact us today. Our highly experienced team of Workplace Investigators are available to assist with a tailored investigation package to suit every individual circumstance and budget. We are also experienced in undertaking cost effective processes for businesses that operate from remote locations or have staff located across a wide geographical area.
Why would a business need to conduct a workplace investigation?
External workplace investigation services are commonly required following allegations of misconduct or grievances within the workplace. This can place an employer in a highly vulnerable position, causing confusion for all concerned. If not managed through fair and transparent investigation methods, the situation can quickly escalate resulting in negative relationships and an inefficient work environment.
Historically, workplace issues handled in-house result in investigative actions and decisions being undertaken by a single manager. In recent years, there has been an increase in appeals and subsequent overturning of in-house investigation outcomes by Industrial Commission and courts. This results in financial penalties and negative views of the employer. Despite the employer in the majority of these being correct in their decision, it is ultimately a lack of procedural fairness and flaws in the investigation process that leads to these unfavourable judicial rulings.
With increasing scrutiny of procedural fairness including conflict of interest and personal bias during the investigation processes, many Government departments and contemporary employers now outsource their workplace investigations. This ensures decisions are defensible and reputations are not tarnished by public records following legal proceedings.
OUR SERVICES
Workplace Investigations
Why choose us?
Our dedicated Workplace Investigation team of licenced investigators specialise in a wide range of workplace disputes. This includes:
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cmployee conflict
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bullying
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harassment
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psychosocial injury
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misconduct
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disciplinary breach
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underperformance
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discrimination
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duress
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entitlements dispute
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unlawful industrial action
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misclassification of employment status
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unfair dismissal
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workplace grievances
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sham contracting
To ensure our clients are presented with the most cost-effective solution, we offer a full range of investigative services including:
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review of initial complaint / complaint assessment
-
preliminary enquiries
-
full and assisted workplace investigation
-
grievance procedures
-
fact finding
-
psychosocial investigations utilising a victim centric trauma informed approach,
Our team will tailor a solution to suit individual needs. Once the terms of engagement and scope has been agreed to, we will manage the investigation process and provide regular updates. Our process will deliver clear, concise investigation reports with defensible findings based upon facts that are supported by evidence.
Whether you are a government department seeking investigation services from an approved provider under the Common Use Arrangement (CUA) Human Resource and Investigation Services, or a private sector employer of any size, contact Brennan & Associates Workplace Investigation Services today. Our highly experienced team are ready to assist with a uniquely bespoke investigation package to suit your individual circumstance and budget. We are also experienced in undertaking cost effective processes for businesses that operate from remote locations, or where staff are located across a wide geographical area.
Types of workplace investigation services available
Full Investigations
Our full investigation service allows you to totally outsource the investigation, providing the peace of mind of an independent and impartial Investigation process that meets procedural fairness standards.
Following an initial scoping conversation, we will prepare and agree to an investigation plan with our client, prior to commencing the investigation.
Our investigation process usually includes:
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Obtaining recorded interviews, or factual statements from all persons involved;
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Seeking corroboration via additional sources of evidence whenever possible;
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Obtaining expert, technical or scientific evidence when relevant;
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Identifying any systemic issues that become apparent; and
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Providing regular progress reports to the client.
At the conclusion of every investigation, we provide you with a clear and concise factual investigation report with findings based on the balance of probabilities supported by evidence obtained.
Review of initial complaint
Where a full investigation is not the preferred option, but meeting procedural fairness standards is of concern a priority, we can provide investigational assistance tailored to your individual circumstances and needs.
This process is particularly useful where investigations are assigned to Human Resources staff with limited investigational experience, or where the matter involves complex allegations.
We are also experienced in conducting reviews of completed investigations to identify process or evidentiary deficiencies.
Assisted Investigations
Where a client is unfamiliar with evidence-based procedures, has a limited budget or is accountable for a "best value for money” expenditure on internal investigative processes, we can assist by conducting a review of the initial complaint.
Upon receipt of an initial complaint by a client, our investigators will:
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Undertake preliminary enquiries with the complainant;
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Undertake preliminary enquiries with witnesses; and
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Obtain other relevant evidence to assist in establishing the voracity of the allegation.
At the conclusion of an initial complaint/s review, we provide you with a preliminary report with recommended next steps. Should further investigative methods be appropriate, we will offer a cost effective option to progress the investigative process to a conclusion.
Desktop Investigations
A desktop investigation is useful when parties to the investigation are dispersed over a wide geographical area, work in remote locations or are located interstate or overseas. This can eliminate the need for travel and prove to be a cost effective alternative to attending various locations.
During a desktop investigation we correspond via email / telephone and conduct interviews via Teams or telephone. Voice recordings or accurate notes are completed during interviews with documents and supporting information being obtained where appropriate. Our investigation process usually includes:
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Obtaining recorded interviews, or factual statements from all persons involved;
-
Seeking corroboration via additional sources of evidence whenever possible;
-
Obtaining expert, technical or scientific evidence when relevant;
-
Identifying any systemic issues that become apparent; and
-
Providing regular progress reports to the client.
At the conclusion of every investigation, we provide the client with a clear and concise factual investigation report with findings based on the balance of probabilities supported by the evidence obtained.
Desktop Investigation
A desktop investigation is useful when parties to the investigation are dispersed over a wide geographical area, work in remote locations or are located interstate or overseas. This can eliminate the need for travel and prove to be a cost effective alternative to attending various locations.
During a desktop investigation we correspond via email / telephone and conduct interviews via Teams or telephone. Voice recordings or accurate notes are completed during interviews with documents and supporting information being obtained where appropriate. Our investigation process usually includes:
-
Obtaining recorded interviews, or factual statements from all persons involved;
-
Seeking corroboration via additional sources of evidence whenever possible;
-
Obtaining expert, technical or scientific evidence when relevant;
-
Identifying any systemic issues that become apparent; and
-
Providing regular progress reports to the client.
At the conclusion of every investigation, we provide the client with a clear and concise factual investigation report with findings based on the balance of probabilities supported by the evidence obtained.
Full Investigations
When concerns are addressed promptly, impartially and with procedural fairness, you protect your people, culture and brand.
Workplace issues are often complex and emotionally-driven. A well coordinated investigation safeguards natural outcomes for all parties, supports informed decision-making and helps prevent escalation. Our workplace investigations service provides independent support to manage sensitive issues, with confidence. We provide clear steps, impartial findings and make practical recommendations that minimise risk, address concerns and maintain (or in some cases, restore) healthy workplace integrity.
Review Initial Complaint
In some instances, it is not immediately clear whether a formal workplace investigation is required. This is when a discovery review would be recommended, providing opportunity as an initial information-gathering undertaking.
The outcome of discovery assists in determining the most appropriate way forward, which may include formal investigation requirements (with a portion of the investigation scope already completed during the initial review activities).
Desktop Investigations
A desktop investigation is an investigation that uses digital databases to access sensitive information and establish a suitable profile. This can be a viable option for people who require discretion and evidence-based findings before making an informed decision about the next most appropriate course of action.
Brenna & Associates values confidentiality above all else. We will go above and beyond to safeguard your information whilst delivering fast and effective results.
Assisted Investigations
There are instances when a company has the necessary resources to conduct in-house investigative measures directly however may still require assistance with key elements including legislative considerations and modern workplace regulations. This is where an assisted investigation can offer the most appropriate solution.
At Brennans & Associates, we can provide a level of flexibility unmatched by our competitors. We offer fully bespoke solutions without prejudice and will never seek to pressure or persuade you to employ more assistance that what is needed by our team. This is our promise to you.
INVESTIGATION PROCESS
step one
Initial assessment
We will work with you to develop a plan and to establish suitable interview questions. We are often asked to explore employees’ experiences of supervision, organisational purpose, accountability, recognition, team work, trust, communication and leadership.
All information discussed during the initial assessment is kept confidential, and where necessary, special accommodations can be made to facilitate participation.
step two
Conduct interviews
Once staff have been informed, we will schedule times with each participant either face-to-face or online. Interviews take approximately 1 - 2 hours to ensure sufficient time is allocated to explore all areas discussed during the initial assessment and areas of concern.
No preparation is required prior to the interview.
step three
Review evidence
The information obtained during step two interviews provides accurate insight into employees’ experiences at the workplace, including what is preventing them from achieving optimal efficiency and performance. This data is collated and company documentation will be reviewed (processes, policies etc.). If necessary, debrief discussions are held with key stakeholders to obtain additional information.
step four
Findings and recommendations
A comprehensive report will be issued summarising findings, staff feedback and key themes. We will also provide actionable recommendations to address concerns and / or preventative measures to improve your workplace culture.
Final de-brief discussions can also be held with key stakeholders to discuss the findings and to clarify any additional requirements.