Serious Misconduct Investigations

We have extensive experience conducting investigations into complex and serious matters

EXPERT APPROACH TO SERIOUS MISCONDUCT

Our clients often come to us because their matter is of a particularly serious and complex nature and is beyond their level of expertise to investigate. This is especially true for matters of potential serious misconduct that could result in summary dismissal.

Serious misconduct cases may involve very senior members of an organisation, or multiple respondents and complainants. They may involve allegations of sexual harassment with sexual assault, serious cases of bullying involving threats of harm or physical intimidation, use of alcohol or drugs in the workplace, abuse of vulnerable people, sexual misconduct in schools and serious health and safety breaches or misuse of organisation funds.

Our clients know that handing serious matters over to us means they’ll get a thorough, efficient and procedurally sound investigation no matter how sensitive and complex the matter may be. Our team of investigators is used to tackling these more complex cases.

MANAGING SERIOUS MISCONDUCT COMPAINTS

When allegations of serious misconduct arise, it is vital that employers respond quickly and carefully, taking immediate steps to keep at risk employees safe from possible further harm and that any potential evidence is preserved.

Allegations of serious misconduct in the workplace need to be treated as seriously as allegations of criminal conduct, meaning the way in which the matter is managed in the initial stages, may be crucial to the outcome of a later investigation.

Our experts can advise you on how to manage complaints of serious misconduct appropriately and effectively before we start our investigation.

WHAT IS SERIOUS MISCONDUCT?

The Fair Work Act (Regulation 1.07) defines serious misconduct as;

conduct that is wilful or deliberate and that is inconsistent with the continuation of the employment contract. It is also conduct that causes serious and imminent risk to the health and safety of a person or to the reputation, viability or profitability of the employer’s business.

Serious misconduct can include theft, fraud, assault, intoxication at work and refusal to carry out reasonable and lawful instructions consistent with the employment contract.

Fighting or Assault

This behaviour is generally considered to be serious misconduct and reasonable grounds for dismissal however, the employer needs to thoroughly investigate all of the circumstances surrounding the incident rather than focussing solely on the aggressor. They need to take into account extenuating circumstances, the length of service in combination with the track record of the employee and whether the employee was in a supervisory position where a higher standard of conduct is expected. There needs to be a high level of proof (evidence) to support an allegation of assault, and consideration needs to be given to whether the matter needs to be referred to police.

OUT OF HOUR CONDUCT

Generally, the conduct of employees in their spare time is irrelevant to their employment.

However, if the conduct causes serious damage to the employee/employer relationship or when it is detrimental to the employer’s interests or is incompatible with the person’s position, an employer is justified in conducting an investigation.

Conduct of a criminal nature outside of work does not necessarily constitute serious misconduct in a work context if the offense is not related to the type of work the person is doing and isn’t connected with their employment in any way.

Breach of Company Policy

This is an area that can prove tricky for employers when it comes to deciding whether dismissal is an option. As with any form of serious misconduct, the standard of proof is high and the breaches need to be of a sufficiently serious nature as to permanently affect the employee/employer relationship.

EXTENSIVE EXPERIENCE

Our team of workplace investigators has a century of combined experience when it comes to investigating matters of serious misconduct. We have an in-depth understanding of;

mandatory reporting obligations
risk mitigation
investigating health and safety policy breaches,
fraud and theft
investigating cases of intoxication in the workplace,
investigating inappropriate conduct outside the workplace
abuse complaint investigations within care organisations
appropriate evidence handling and storage
how to interface with police investigations

GETTING STARTED

If you’re unsure about whether your matter may constitute serious misconduct, our experts are happy to have a confidential conversation with you about the matter and provide advice as to how best to proceed.

If you’ve decided an independent investigator is needed, please give us a call to discuss your matter and get an obligation-free cost estimate. We are available to start at short notice if necessary.