Know Workplace Investigations Employee Rights In Australia

May 12, 2021    employmentlawyersblog   
Know Workplace Investigations Employee Rights In Australia

Were you a victim of unlawful termination due to biased workplace investigation? Are you considering opting for employment lawyers Perth? Read this to understand why it is vital to seek legal assistance from workplace investigation lawyers in Perth. Below we provide a detailed summary of workplace inspections and how to deal with them if you are a victim.

What is workplace investigation?

A workplace investigation refers to a process in which an employer sets out to inspect an alleged employee for misconduct. Such an investigation arises out of complaints made about the occurrence of the act. In such a circumstance, if an employee is found guilty, he is liable for termination.

Why do we need workplace investigations?

A workplace investigation is necessary for the following reasons:

  • To maintain mutual trust and confidence among workers of different positions in a particular company
  • To deal with cases of workplace harassment and discrimination
  • To support transparent and fair functioning of the workplace
  • To ensure employee satisfaction and safety
  • To ascertain compliance with workplace rules and regulations
  • To establish zero-tolerance against misconduct
  • To enforce and maintain employee inclusivity

How to conduct an effective workplace investigation?

To conduct a workplace investigation that is fair and authentic, one needs to keep the following factors in mind:

  • Establish effective communication with employees. This will ensure transparency while dealing with complaints. A detailed and open complaint can help the employer understand the situation better and take appropriate action.
  • Make sure that the employees in charge of the investigation are unbiased and objective. A fair verdict can only be provided if fairness is ensured throughout the process.
  • Carry out necessary interviewing sessions. Ensure that the interviews are being held only to seek the truth. Any other motivation may ruin the aim of conducting an effective investigation.
  • Assess both sides of the story. Choose a side based on only credibility and evidence. Biasedness and favouritism can corrupt a fair inspection and cause unnecessary trouble.

What rights can one exercise during the event of a workplace investigation?

An employee unaware of their rights can fall victim to unfair termination due to a biased workplace investigation. Thus, it is essential to know your rights and exercise them when required. The workplace investigation employee rights include;

  • Receive a detailed written report from the employer on the complaint made against you before a discussion
  • Receive a detailed brief on all the potential negative factors that an employer may use to determine your involvement
  • Get sufficient time to respond to the complaint and brief in writing
  • Have your response considered before getting to a final decision
  • Bring an acquaintance for support during interview meetings
  • Have the investigation conducted by an unbiased authority or someone unrelated to the complaint
  • Hand over the final decision making to an impartial authority or someone unrelated to the complaint

What should a good response to the complaint entail?

An excellent response to a complaint can save you from termination while being held guilty of said misconduct. Let’s read on to find out the components of a good response.

  • A detailed and systematic summary of the event occurrences concerning the complaint.
  • Provide a detailed outline of what you did, saw, and encountered for a proper analysis
  • Do not mention emotional statements or legal references while writing a response.
  • Include a personal statement discussing your feelings about the complaint. Talk about your workplace commitment record. Mention an apology if required.

It is in the best interests of an employee been notified of a complaint to consult a lawyer. Talk to workplace investigation lawyers and get legal assistance. They are experienced and know the strategies that can be employed to keep you safe.

Should one handle a workplace investigation all by themselves or opt for a lawyer?

Irrespective of whether you are an employer holding the investigation or a victim, getting legal assistance is recommended. The following are the main reasons why hiring an experienced lawyer is your best bet:

  • Fair investigation - A lawyer can help to ascertain that the investigation process is being fair. This ensures justice and fairness. In the case of a victim, a proper decision will save him from unlawful termination. In case of the complainant being a victim, a fair verdict will strengthen confidence.
  • Restraint unnecessary outrage - A lawyer can effectively come to the rescue of an ongoing retaliation in response to a complaint. In some cases, where the accused is in a top position, there may be outrage. This happens due to favouritism amongst colleagues or employees.
  • Strategic Planning - A lawyer can help you with a streamlined plan structure while writing a response to a complaint. If you are the employer, a lawyer can guide you with appropriate steps to ensure a fair assessment.

Now you know what to do in a workplace inspection scenario if you are the victim. It is necessary to know your rights to use them wisely. In situations of utter confusion, it is best to seek legal aid. While you choose from the best employment lawyers in Perth, make sure that you are licensed and experienced.

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