Workplace (Code) Investigations
We’ll provide timely and expert advice if you’re under investigation or undertaking a disciplinary process in your workplace.
Overview:
Workplace investigations can be conducted formally or informally, and they have become increasingly common. We have extensive knowledge and experience in advising on and conducting workplace investigations including suspected breaches APS Code of Conduct for both employees and employers. We also have considerable experience in challenging the outcomes of a workplace investigation with the Merit Protection Commissioner (in the case of an APS employee) or in the Federal Court.
For employers, a robust investigation is required where an employee is suspected of misconduct. As there is generally no single legal framework that sets out how investigations should be conducted, there are a range of common pitfalls even when the matter appears straight forward. This will be particularly important if you intend to rely on the findings of a workplace investigation to take any disciplinary action against the employee.
For employees, we can help you respond to a workplace investigation including suspected breaches of the APS Code of Conduct. We can provide expert assistance to ensure that your employment prospects, and professional reputation is protected.
You should seek legal advice from an employment lawyer as soon as you’re told you’re being investigated and especially before you respond. Your legal options may be more limited once the investigation progresses too far.
What we do and how we can help:
We can:
- conduct workplace investigations
- draft letters of allegations, and particulars of allegations
- conduct interviews, and make findings of fact based on the assessment of evidence
- respond to allegations made against an employee
- appearing with you at any interviews
- preparing written complaints for employees who wish to commence a grievance process or workplace investigation
- acting on your behalf by dealing with your employer or regulatory body during an investigation
- advise on, and appealing the findings of a workplace investigation
- seeking injunctive relief, which is an order from the Court ordering a party not to do something