The conduct of workplace investigations has become commonplace in Australian workplaces over the last decade. The recent rapid growth and evolution of a fair, robust and reliable workplace investigation process, which can withstand the scrutiny of courts and tribunals, calls for the clear articulation of the principles, processes and practices in this important and expanding area.
Written by a team of highly experienced legal and investigations professionals, Workplace Investigations: Principles and Practice details fundamental legal principles and accepted practices and processes for workplace investigations.
Chapters consider all the main stages of workplace investigations in detail, including:
- the initial decision of whether an investigation is warranted
- planning and managing an investigation
- meeting procedural fairness requirements
- understanding and dealing with evidence
- conducting interviews
- report writing
The responsibilities of investigators and employers, together with the common problems they may face, are outlined in detail through the book, and six additional chapters are dedicated to the examination of specialised investigations such as those arising from bullying and sexual harassment allegations.
Praise for Workplace Investigations: Principles and Practice
“Hoctor and Robertson’s book guides the reader usefully through the applicability of the rules of natural justice/procedural fairness to the workplace investigation context.”
Ian Freckelton QC
“To date, there has been no comprehensive “how to” guide for workplace investigators which establishes professional and ethical standards, whether they be internal or external. There is no independent supervision of workplace investigators by which the community can repose trust and confidence in their integrity and competence. I very much welcome this work to highlight and address this gap and hope that it contributes positively to the discourse regarding regulation of the workplace investigation industry in addition to providing internal investigators with the appropriate tools and reference point to discharge their obligations and manage risk for their organisation.”
Alice De Boos, Managing Partner Kingston Reid (formerly Partner and Practice Area Leader – Labour Employment and Workplace Safety, K&L Gates)
“May I congratulate Paula Hoctor, Michael Robertson and their colleagues at Q Workplace Solutions in producing such a valuable, insightful and user-friendly book on workplace investigations.”
John H.C.Colvin, Consultant Herbert Smith Freehills, Adjunct Professor University of Sydney
“This book should be applauded for providing a much-needed best-practise guide for workplace investigations. Whilst the focus is undoubtedly on the obligations and duties of employers and investigators, the book’s detailed analysis and discussion about the workplace investigations model generally should prove useful to anybody engaged in the process.”
Sarah Ford, Associate Gilshenan & Luton Legal Practice, and member of the Queensland Law Society Occupational Discipline Law Committee