Serious Misconduct Investigations

We have a decade of experience conducting serious misconduct investigations

INVESTIGATING SERIOUS MISCONDUCT

When serious misconduct has occurred in the workplace, it is important that a thorough and procedurally sound workplace investigation is conducted as soon as possible. This will ensure the problem doesn’t escalate and that workers are protected from unnecessary harm.

When serious incidents are being investigated, it is vital that a thorough and procedurally robust investigation is carried out. In cases like this, an experienced investigator will know how to navigate the complexities of investigating serious incidents and deliver sound actionable results.

Our investigators and employment law specialists have seen it all when it comes to serious misconduct in the workplace. They will draw on this wealth of knowledge and experience to manage your serious misconduct matter to conclusion, giving you peace of mind, knowing your matter is in good hands.

RECEIVING INFORMATION ABOUT SERIOUS MISCONDUCT

It is important to act as soon as you find out about potential instances of serious misconduct. Delays can place other workers and your business reputation at risk and result in worse outcomes.

It might be necessary to conduct your own preliminary enquiries to determine whether there is a strong likelihood that the behaviour occurred as described, and then take immediate steps to mitigate further risk of the behaviour re-occurring. This may mean standing the employee down pending the outcome of a full investigation.

An effort should be made to secure any evidentiary material such as CCTV camera footage, emails and phone records and prevent the accused person from having contact with potential witnesses and victims.

If the act of serious misconduct is against a person, it is important to take steps to protect the person from further harm, put the person in touch with support networks such as an Employee Assistance Program and regularly monitor the person’s wellbeing looking for signs of deterioration over time.

WHAT IS SERIOUS MISCONDUCT?

Serious misconduct is defined as any conduct that deeply impairs or is destructive of the relationship of trust and confidence between employer and employee.

Examples of Serious Misconduct

Violence
Bullying & Sexual Harassment
Theft or fraud
Use of illegal drugs or being intoxicated while at work
Use of work internet for unlawful purposes

WHAT IS NOT SERIOUS MISCONDUCT?

There is a difference between misconduct and serious misconduct. It is important that employers make this distinction accurately when deciding how to manage investigations as well as any disciplinary action that may follow.

Conduct that would generally not meet the criteria for Serious Misconduct:

obscene language
misuse of the internet at work (lawful use)
minor instances of failing to follow reasonable and lawful instruction
wearing inappropriate clothing
lateness

TAKING DISCIPLINARY ACTION FOR SERIOUS MISCONDUCT

An employee can be summarily (instantly) dismissed if, after a fair investigation and disciplinary process, they are found guilty of serious misconduct.

In cases where acts of serious misconduct are substantiated via a thorough investigation process, it will usually be necessary to start a disciplinary process. However, the action you take and the process you follow will be crucial. It is best to seek the guidance of an employment law specialist who can advise you on whether you have grounds for taking disciplinary action, what action you should take and the correct process to follow.

ENGAGING US TO CONDUCT YOUR INVESTIGATION

Our experienced team is available any time for a free and confidential consultation about your matter. We understand that serious misconduct investigations require swift action. That’s why we’ll be ready to get started straight away.

Formally engaging us is a simple and quick process which means we can have an appropriate investigator briefed on your matter and ready to start within hours.