Workplace investigations are rarely comfortable experiences. Whether someone has raised a complaint, is responding to allegations or has been asked to participate as a witness, the process can be stressful and unsettling. There is often uncertainty about what will happen, how long it will take and what the outcome might mean for those involved.

A recent decision of the NSW Industrial Relations Commission has brought this issue into sharper focus, highlighting that an investigation can itself create psychosocial risks if it is not managed appropriately.

In that case, concerns arose about the length of an investigation, the communication provided to the employee and the arrangements put in place while the investigation was underway. The decision is an important reminder that organisations need to consider not only the conduct that has prompted an investigation, but also the potential health and safety impacts of the investigation process itself.

Navigating competing considerations

When a workplace complaint is made, organisations may need to act quickly to manage immediate risks. Depending on the circumstances, this could involve commencing a formal investigation, making temporary changes to working arrangements or taking steps to minimise contact between employees.

These decisions are not always straightforward. Measures intended to protect employees or preserve the integrity of an investigation can sometimes have unintended consequences. For example, separating employees may be appropriate, but changes to duties, reporting arrangements or workplace location can create additional stress or disruption.

Our experience at Azuhr has shown that there is rarely a one-size-fits-all approach. Understanding the nature of the allegations, the working relationships involved and the broader workplace context is important in determining how an investigation should be managed.

The challenge is to strike the right balance between responding appropriately to the complaint, ensuring a fair and thorough investigation and minimising unnecessary impacts on those involved.

Why timeliness matters

One of the most common frustrations we see in workplace investigations is the length of time they can take.

Prolonged investigations can be difficult for everyone involved. Complainants may be waiting for their concerns to be addressed, respondents may be dealing with ongoing uncertainty about the allegations and potential consequences, and witnesses may find themselves working in an environment where tensions remain unresolved.

At Azuhr, we place considerable emphasis on progressing investigations efficiently, while ensuring there is sufficient time to gather and assess evidence and provide procedural fairness.

Of course, investigations do not always unfold as expected. New information may emerge, additional witnesses may need to be interviewed or participants may require more time to respond. Some matters are inherently complex and cannot reasonably be resolved within a short timeframe.

The important thing is to manage these developments actively rather than allowing an investigation to drift. Having a clear plan, realistic timeframes and regular communication can help reduce uncertainty, even when circumstances change.

Timeliness is not simply about efficiency. It is also an important way of reducing the stress and uncertainty associated with an investigation.

Recognising individual needs

Everyone experiences a workplace investigation differently. Understanding the particular circumstances and needs of those involved is an important part of managing the process and minimising potential impacts on their wellbeing.

This may involve making reasonable adjustments to interview arrangements, communication or timeframes, or working with the organisation to consider appropriate support and interim working arrangements.

The aim is to provide a fair opportunity for everyone to participate effectively, while remaining responsive to individual needs as they arise. These considerations can be accommodated without compromising the independence or integrity of the investigation.

The value of an experienced, independent investigator

Workplace investigations can be complex, particularly where allegations are serious, working relationships have deteriorated or there are competing accounts of events. Having an experienced, independent investigator can help organisations navigate these situations, maintain objectivity and make informed decisions about how the investigation should progress.

Importantly, while an external investigator can manage many aspects of the investigation, the organisation retains responsibility for its employees’ health and safety. A collaborative approach between the investigator and the organisation is therefore essential, particularly where decisions about duties, reporting arrangements, workplace contact or additional support are required.

Investigations should resolve issues, not create new ones

Workplace investigations serve an important purpose, but a poorly managed investigation can compound the very issues an organisation is trying to resolve.

The recent NSW decision reinforces the importance of considering the investigation process itself as part of managing workplace psychosocial risks.

A well-managed investigation is not simply one that reaches a sound and defensible conclusion. It is also one that is conducted efficiently, fairly and with appropriate consideration for the people involved, reducing the risk of creating further harm along the way.

Elissa Castelli
Principal Consultant
Azuhr