In Safe Hands always conducts workplace investigations using strict confidential processes.

At the commencement of any workplace investigation, and during subsequent interviews and enquiries, In Safe Hands investigators will instruct everyone involved to treat the investigation as confidential. Individuals will be informed not to discuss or share any details with anyone outside of the investigation unless it is their industrial advocate and/or for their mental health and well-being (such as a counsellor or other allied health professional).

In Safe Hands keep any statements made in the course of the investigation confidential. However, it’s important to note that all our interviews are audio recorded, transcribed and attached to our final reports. At the completion of the investigation In Safe Hands provides a copy of the final report to the employer, and it is up to your employer to determine whether all or part of the report is shared with any other parties. Once In Safe Hands provides the report to the employer, your employer has control over what they do with the information in the report. For more information about what your employer does with its reports, consult your workplace policies and procedures, or speak to your Manager.

It is generally accepted as best practice that employers provide some details about the findings of the report to the respondent and only share details of the matter with those who need to know (for example, if any findings will impact them). It is also common practice that employers will provide a summary of the outcome to the complainant, as long as it doesn’t breach any other person’s right to privacy and confidentiality.

A workplace investigation can be defined as an independent, objective and structured process undertaken to make findings of fact regarding allegations without any perceived bias.

When employees raise concerns regarding the behaviour of other employees or about conduct contrary to workplace policies, a workplace investigation is the process adopted to determine whether the allegations underpinning the complaints or concerns are substantiated. Investigators collect information and analyse evidence to make findings of fact. The required standard of proof is balance of probabilities.

Depending on the seriousness of the allegations or breach of conduct, an investigation could be conducted by a manager or a member of the Human Resource team. But in some circumstances where the matter is complicated or there is a high need for transparency and confidentiality an external agency like In Safe Hands will be engaged to conduct an independent investigation of the complaint or allegation.

Poorly managed investigations can have a detrimental effect on any business or corporation. Along with lengthy delays, poor interview practices and unsubstantiated outcomes can create damage internally and lead to many employee issues. These include:

• Poor morale
• Trust issues
• Sick leave
• Mental health leave
• High employee turnover

If a conflict or allegation has been raised, it’s vital that you respond promptly. The more serious the complaint, the more important it will be that you carry out an accurate and objective investigation. These broad steps below are all central to an impartial, fair and transparent process.

• Determine if an investigation is required and what type.
• Preparation of the investigation by deciding who will carry out the investigation and determining how large the investigation will be.
• Notifying all participants and providing them with enough time to prepare.
• Conduct the investigation, including interviews and gathering of any other evidence.
• Formalise the report and notify parties.

An employee facing a workplace investigation in Australia is entitled to crucial rights, one of which is the principle of procedural fairness. This entails a guaranteed opportunity to adequately respond to all allegations, including any that emerge during the investigation process, before any definitive decision is reached. A fair, unbiased procedure is not only a right but a necessity, ensuring that justice is upheld in every workplace interaction.

If at any time before, during or after an investigation an employee believes they need to seek legal representation they should do so. In some States and work agreements, there are specific guidelines for this. Employees should make sure that they are aware of their rights and processes.