Workplace Investigations Tasmania
Paula Sutherland & Associates have years of experience in conducting workplace investigations and writing reports that assess allegations against the Briginshaw standard, articulating available findings on the balance of probabilities.
A workplace investigation is an independent process used to examine allegations about an employee’s conduct or behaviour. An investigation is generally required when the concerns raised, if proven, could warrant disciplinary action.
Because we are lawyers, our investigative processes and reports are robust and considered, and available findings are reached with cogent reasoning to withstand third party scrutiny, backed by a sound knowledge and understanding of relevant laws. In addition to legal training, we participate in focussed investigative and trauma informed training.
Key to a fair and impartial investigation is the engagement of an independent investigator. Whilst there is no legal requirement to do so, Courts have noted the benefits of an impartial and independent investigation, such as reducing bias and ensuring a fair process, especially where the decision-maker is separated from the fact-finding process. The judgment highlights how such an approach can help quarantine the decision-maker from potential bias and lend credibility to the investigation.
Our processes involve:
- Identifying the relevant scope of an investigation
- Establishing the appropriate foundation for conducting an investigation, including considerations in the selection of the investigator, trauma informed principles of investigation, and work arrangements during the investigation
- Gathering information relevant to the scope of the investigation
- An examination of relevant principles of procedural fairness/natural justice – the bias rule and the hearing rule
- Identifying available findings – evaluating the information gathered, applying the relevant legal tests, burden of proof and standard of proof, and assessing credibility
- Preparing reports that identify available findings and explain the material relied upon to ensure transparency and procedural fairness.
Our services include:
- Misconduct Investigations: these investigations focus on alleged violations of workplace policies and codes of conduct.
- Harassment and Discrimination Investigations: we ensure a safe and inclusive workplace by investigating claims of harassment and discrimination.
- Conflict Resolution Investigations: when disputes and conflicts arise, we helps organisations identify solutions and mediate resolutions.
- Factual Investigations: clear and concise reports should set out all factual evidence gathered during the investigation. Well-structured reporting ensures that the findings are transparent, accurate, and defensible, providing a reliable basis for any decisions made.
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Dispute Resolution & Litigation
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Employment Law
Our team at Paula Sutherland & Associates has experience assisting both employees and employers with workplace issues and litigation.
