We need to investigate- How to perform a workplace investigation

No, You Don’t Need Jessica Fletcher: Just Outsource Your Workplace Investigation Already

Let’s be real workplace investigations aren’t glamorous.
You’re not solving a murder on a luxury train.
You’re managing risk, protecting your people, and trying not to stuff it up.

And if you think you can wing it with a half-baked policy and a notepad… think again.

Here’s why outsourcing workplace investigations isn’t just smart it’s critical.

Why Outsource? Let’s Count the Ways

1. You avoid conflict of interest landmines.
When you investigate your own team, bias creeps in whether you realise it or not. Jane in HR might say she’s objective, but she’s worked with the accused for three years. Outsourcing removes the politics and keeps things clean.

2. The law gets messy, fast.
In Victoria, WA, and the NT, anyone conducting a workplace investigation might need to be a licensed private investigator if the process involves interviewing witnesses and making factual findings. (Yep Fair Work, WorkSafe, and state-based licensing rules collide here.) Do you really want to roll those dice?

3. You need rock-solid evidence.
External investigators know how to ask the hard questions without putting words in anyone’s mouth or breaking the rules of natural justice. That means your investigation stands up if it ends in Fair Work, a tribunal, or court.

4. It sends a message you take it seriously.
Bringing in an outsider shows your team you’re not sweeping things under the rug. It builds trust. It protects your culture. And it helps you avoid the dreaded “you didn’t handle this properly” blowback.

5. You don’t have time to botch this.
Investigations are time-consuming. Emotional. Legally risky. Why add this to your already overflowing to-do list?

Before You Investigate, You Need to Take the Complaint – Properly.

The way you handle a complaint at the start can make or break the whole process.

Here’s how to get it right from the jump:

✅ Top 5 questions to ask when someone reports bullying:

1. Can you tell me exactly what happened – what was said or done, and by whom?
   (Stick to facts and specifics. Avoid assumptions or vague feelings.)

2. When and where did the incident(s) happen?
   (Dates, times, locations – this helps assess seriousness and identify patterns.)

3. Were there any witnesses?
   (Critical for cross-checking evidence later.)

4. How has this affected you at work?
   (You’re looking for impact – stress, performance issues, mental health.)

5. What outcome are you hoping for from raising this? (This doesn’t dictate the outcome – but it gives insight into how to manage expectations.)

Pro tip:
Be calm. Be supportive. Don’t promise confidentiality you can’t deliver some details may need to be disclosed to ensure a fair process.

What Happens in an Investigation?

Here’s your no-fuss breakdown:

1. Triage the issue.
Decide if it needs a formal investigation or can be resolved another way. Not all complaints = investigations.

2. Engage a qualified investigator.
Ideally external. Definitely experienced. Preferably not someone who binge-watches crime dramas and thinks that qualifies them.

3. Plan the scope.
What’s being investigated? What policies apply? Who are the key people?

4. Gather evidence.
Emails, messages, policies, CCTV, files – whatever helps you build a timeline of events.

5. Interview people—factually and fairly.
That includes the complainant, the alleged perpetrator, and any relevant witnesses. Keep it confidential and stick to the process.

6. Assess findings and finalise the report.
Was the complaint substantiated or not? Was it malicious? Do you need to act?

7. Decide outcomes and communicate.
That might include training, mediation, warnings, or termination. But only if the evidence supports it.

Don’t DIY. Get Expert Help.

If your gut says “this could get ugly”, you’re probably right.

Outsourcing your workplace investigation means:

• You stay compliant

• You stay protected

• You show your team you’re serious about safety and respect

We’ve helped hundreds of businesses through complex workplace issues – bullying, misconduct, fraud, harassment, and everything in between. No fluff. No drama. Just process, facts and people-first professionalism.

Reach out if you need support with an investigation in your business today.

Written by Head Guru – Emily Jaksch