Workplace Investigations

Weir offers comprehensive workplace investigation services to all employment sectors.

When a business is faced with a complex conduct allegations that may include serious misconduct, a workplace investigation is recommended, and in some instances, required. Unless you have internal specialists who are experienced and trained in conducting an investigation in the workplace and have plenty of available time, using internal investigators is often asking for trouble.

By using an external, independent investigator from WEIR you avoid the major risks associated with internal investigations. We use effective and procedurally fair workplace investigation processes and will provide you with a report that is impartial and thoroughly assesses the evidence available to determine whether or not the allegations are substantiated.

WEIR’s investigators have years of experience and have dealt with employee-related investigations in all types of organisations including SME’s, insurers, corporations and the public sector. When conducting workplace investigations, it is essential that the process is informed by the relevant legislation and policies. For example, the private sector will be guided by the definition of serious misconduct in the workplace. Commonwealth agencies must follow the requirements of the Federal (Public Service Act). State governments have their own legislation for managing public sector misconduct, policies on investigation, decision making and appropriate action.

From the time you receive an allegation of misconduct, a complaint or grievance, we can assist you in assessing the matters raised; ensuring that allegations are appropriately formulated; identifying and complying with any required processes, and conducting a procedurally fair and impartial investigation.

We have a multidisciplinary team and easy access to external support to ensure expert attention as required. For example, some investigations rely upon the use of computer forensics, accounting audit, leave management systems or handwriting analysis.

Workplace investigation services conducted by our consultants include:

  • Different types of serious misconduct allegations, including employee fraud, workplace violence, insubordination and negligence, and other conduct that may if substantiated, support grounds for termination of employment. The private sector will be guided by the definition of serious misconduct in the Fair Work Act and Regulations (Reg 1.07). Federal (Public Service Act) and state governments have different requirements for managing public sector misconduct, policy on investigation, decision making and appropriate action.
  • Workplace bullying, including extensive investigation of workplace bullying in NSW
  • Regulatory claims of unsatisfactory professional conduct and professional misconduct
  • Discrimination
  • Employee fraud, workplace violence, insubordination, negligence and allegations of other types of serious misconduct at work that may, if substantiated, support grounds for termination of employment.
  • Consulting on workplace bullying, harassment and discrimination.
  • Investigating sexual misconduct and sexual harassment in the workplace.
  • Examination of regulatory claims of unsatisfactory professional conduct and professional misconduct.
  • Nepotism (favouritism based on relationships, friendship or other collectives).
  • Theft of intellectual property.
  • Industrial and IT sabotage by disgruntled employees.
  • Assessing alleged employee misconduct against organisational polices or the relevant code of conduct in the workplace and during off-duty hours, where applicable.
  • Investigating employee misconduct under the Government Sector Employment Act (GSE) and related legislation.
  • Grievance complaint handling and investigation.
  • Public Interest Disclosures and allegations of maladministration, serious and substantial waste, and corrupt conduct, both on behalf of public sector organisations and referral by the NSW Ombudsman and the NSW Independent Commission Against Corruption.
  • Corporate whistleblower reports of misconduct by companies or company officers. 
  • Employee fraud.
  • Adverse actions and malicious or vexatious complaints.
  • Compliance complaints related to award breach, underpayment, failure to provide employee entitlements and breach of the National Employment Standards (NES).
  • Child protection investigations in a workplace context, including reportable allegations in New South Wales, reports required by the Office of the Children’s Guardian, consideration reportable conduct and investigation of issues arising from mandatory reporting in other States and Territories.
  • Reportable incidents and NDIS reporting in the disabilities sector.
  • Compliance in the workplace with Aged Care Quality Standards.

If you think there are circumstances in your workplace that require investigation or you would just like to receive some guidance about steps your organisation may need to take, please do not hesitate to contact us. WEIR can also help with workplace investigation training to enable your staff to carry out more effective formal and informal internal investigations.

We offer workplace investigation services nationwide, with staff and offices on the east coast of Australia, including Sydney, Melbourne, Canberra, Central Coast, Gold Coast or Brisbane. Contact us to find out more.

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