Australia: Kemp Strang Employment Law Briefing: workplace investigations
Last Updated: 22 August 2014

Thank you for attending the Employment Law team's workplace investigations briefing on Thursday 7 August 2014.

When carried out correctly, workplace investigations can greatly strengthen the position of an employer against potential claims from employees, be they dismissal related, bullying or otherwise. However, a poorly managed investigation can exacerbate the situation beyond the original complaint and cause greater exposure to the business.

Here are some key points to keep in mind when receiving a complaint:

  • Should the matter be investigated internally or externally? Are there potential bias issues?
  • Is the matter bullying or work health safety related? Contact external legal advisers earlier for privilege purposes.
  • Has a support person been allowed?
  • Have you stressed the confidential nature of the process?
  • Has the respondent been provided with sufficient detail to enable them to respond?

If you haven't already done so, workplace policies should be updated to reflect new laws. Review your:

  • IT/Social Media
  • Bullying, discrimination and harrassment
  • Greivance/disputes
  • Work health and safety

Kemp Strang can provide you with advice on how to conduct workplace investigations. We can also assist in undertaking workplace investigations or otherwise update/prepare appropriate policies. If we can be off assistance to your business please contact a member of our team below.

We look forward to seeing you at our next briefing to be held in November 2014 - details to be provided closer to that time.

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