Service
Independent workplace investigations for employers
A workplace investigation is a fair, impartial process for finding out what happened when an employee raises a complaint or an allegation of misconduct. BION Partners conducts prompt, objective investigations for employers, from informal complaints to complex formal matters, and gives you a clear assessment of whether each allegation is substantiated so your decisions can withstand scrutiny.
When does an employer need a workplace investigation?
When a business is faced with complex employee conduct allegations, a workplace investigation is recommended, and in some instances required. Common triggers include:
- a formal complaint or grievance from an employee about a colleague or manager
- allegations of bullying, harassment, sexual harassment or discrimination
- suspected serious misconduct, fraud, theft or corruption
- a public interest disclosure (whistleblowing) report
- conduct that could lead to disciplinary action or dismissal
If the situation is not managed through a fair and transparent process, it can quickly escalate.
What do we investigate?
BION Partners offers workplace investigation services to all employment sectors, specialising in:
- Employee grievances
- Workplace bullying
- Conflict of interests
- Corruption
- Fraud
- Inappropriate use of IT resources
- Misconduct
- Misuse of authority
- Misuse of social media
- Nepotism
- Negligence and insubordination
- Public interest disclosures (whistleblowing)
- Sexual harassment
- Workplace theft
- Workplace violence
An employee grievance is a concern, problem or complaint that an employee has about their work, the workplace, or someone they work with, including management.
BION Partners does not provide services relating to workers compensation, does not conduct surveillance activities, and does not interview children.
Why use an external, independent investigator?
With increased scrutiny of procedural fairness, including the impact of conflicts of interest and personal bias during investigations, organisations and government departments reduce risk by outsourcing workplace investigations. The aim is that their decisions are defensible and their reputation is not later damaged by media coverage or legal proceedings.
Internal investigations need people who are trained, experienced and available. Using an external investigator from BION Partners avoids the major risks of running an investigation in-house without those resources.
How does a BION Partners investigation work?
From the time you receive an allegation of misconduct, a complaint or a grievance, we help you:
- assess the matters raised
- ensure the allegations are appropriately formulated
- identify and comply with any required processes (for example your enterprise agreement, policies or contracts)
- conduct a procedurally fair and impartial investigation
- receive an impartial and thorough assessment of the evidence, and whether the allegations are substantiated.
Read the step-by-step guide: how a workplace investigation works.
Who can we investigate?
We investigate matters involving people at every level, from operational staff and individual contributors to senior executives, C-suite and board level. We are experienced in liaising with unions involved in representing parties to a complaint.
Specialist investigators
Gender sensitive solutions
BION Partners has experienced female investigators on the team, valuable where a female investigator is considered more appropriate.
LGBTIQ+ sensitive solutions
Specialty skills in cases involving LGBTIQ+ discriminatory allegations.
Linguistically diverse solutions
Translation services during the course of an investigation can be provided on request.
Do you want to run the investigation yourself?
Partner with us to conduct your own workplace investigation. We advise and guide your team so your organisation conducts investigations at acceptable levels of procedural fairness. For a deeper review of how your organisation handles complaints, see the BION Audit.
How much does a workplace investigation cost?
It depends on the number of allegations, the number of people to interview, the volume of documents and how complex the matter is. An investigation package can be tailored to suit individual circumstances and budget. Contact us for a free consultation and we will scope the matter with you.
Frequently asked questions
Is a workplace investigation legally required?
Not always. A workplace investigation is recommended, and in some instances required, when an employer is faced with complex conduct allegations. Some enterprise agreements, policies and contracts set out a process an employer must follow, and Queensland work health and safety rules now require a procedure for how reports of sexual harassment will be investigated where a prevention plan is required. Check your own obligations, and get legal advice if you are unsure.
Does the investigator decide whether to dismiss someone?
No. The investigator makes findings of fact about whether the allegations are substantiated. The employer remains the decision-maker on any outcome, such as disciplinary action.
What standard of proof is used?
Workplace investigations use the civil standard, the balance of probabilities: is it more likely than not that the conduct occurred? The more serious the allegation, the stronger the evidence needed to be reasonably satisfied, often called the Briginshaw principle.
Can an investigation be confidential?
Investigations are conducted confidentially, and participants are usually directed to keep the matter confidential. Confidentiality must still be balanced with procedural fairness: the person responding to the allegations needs enough information to respond.