Legally and morally, employers must provide a workplace that safe and fair, including acting quickly on complaints to ensure facts are clear and problems are solved fairly.
If a complaint is made by an aggrieved employee to you as their employer, you have an obligation to act immediately. If an incident is reported to Fair Work Australia, under the Act they will commence an investigation which may involve disruption and legal action against you and your business – it’s a stressful, time consuming and potentially costly process that you need to avoid.
There are three things you can do to minimise the risk to your business, management and employees:
- In the case of a complaint being made, protect yourself and others by immediately instigating a formal investigation conducted by a professional external investigator to demonstrate impartiality and ensure correct procedure is followed.
- Implement policies and management practices that minimise the risk of misunderstandings and breaches of Fair Work, bullying, discrimination, victimisation and other laws
- Train managers and others in how to identify and react to potentially unlawful behaviours to eliminate them as early as possible and minimise the chances of future breaches of the law.
This might mean complains made by one employee about another, by an employee against management or by management against one or more employees, in all cases allowing you to be, and be seen to be, decisive, objective and fair in how you deal with the problem.
The law also allows for malicious complaints to be investigated, meaning that employers can act against those who try to cause trouble for others or the business.
By allowing us to do the investigation for you, as well as maintaining a professional, independent position you can also focus on getting on with your work without worrying about the processes and emotions involved – we do the work, present you the findings, and advise you on your options. It’s the simple, fast, and hassle-free way of dealing with most serious complaints legally and with the minimum amount of stress, risk and cost.
Our typical process
- Immediate action to protect employer and people involved
- Gathering of evidence, interviews, statements
- Analysis and advising of best options and appropriate actions
- Making recommendations to avoid recurrence.
Outcomes often include conciliation, mediation and/ or responses up to and including dismissal in the most severe cases, so it is important to ensure the investigative process is watertight to avoid legitimate complaints of inadequate action or unfair disciplinary reactions.