WORKPLACE INVESTIGATIONS

Engaging Kingston Darcy to conduct a workplace investigation ensures a professional, thorough, impartial investigation conducted to the highest standard that will withstand legal scrutiny and meet your obligations as an employer under the Fair Work Act.

When to call in a professional investigator

Allegations of behaviours that impact negatively on an employee or your organisation require a workplace investigation; however, internal investigations often fail to withstand external scrutiny or legal challenge and may result in claims of unfair dismissal. A thorough, impartial external investigation reduces the legal risk to your organisation, can lead to a quicker resolution, and demonstrates to your staff that the organisation is committed to the objective and fair treatment of its employees.


Kingston Darcy is a leading provider of independent workplace investigations and we assist a broad range of clients to achieve timely and cost-effective resolutions to workplace issues or concerns including:

  • misconduct and disciplinary matters
  • bullying
  • discrimination
  • sexual harassment
  • code of conduct violations
  • conflicts of interest
  • maladministration
  • corrupt conduct, or
  • inappropriate professional / workplace practice.

Our team of licenced professional investigators includes senior human resources, industrial relations, and legal professionals with extensive investigative experience across all levels of business in both government and the private sector.

This expertise enables Kingston Darcy to investigate and report on both matters of evidence and the underlying causes or contributing factors of a workplace issue or complaint—including capability, cultural issues or failings of policy or procedure.

 
 

our process

We investigate thoroughly, efficiently and with discretion. Our approach is confidential, impartial and in strict accordance with the principles of natural justice and procedural fairness (see our FAQs).
Our investigators are neutral and independent professionals who will provide you with a finding based on the available evidence and will advise you, where appropriate, on any identified management issues or recommended post-investigation support.

At the conclusion of each investigation, we provide our clients with a detailed report that outlines our findings. We can also include recommendations to address any systemic issues identified during the investigation as well as realistic advice to protect all stakeholders.


OUR PROCESS IN DETAIL

  1. We will begin by discussing the issue or complaint with you to establish whether an investigation is the appropriate strategy to resolve the matter.
  2. Together we will agree the scope of the investigation and the specific allegations that will be investigated in a written Terms of Reference.
  3. Our licensed investigators will conduct interviews with the complainant and any witnesses who are relevant to the allegations.
  4. We will identify and source any relevant evidence (such as emails, file notes, CCTV footage or digital evidence).
  5. We will review (where relevant) any policies, procedures, codes of conduct, professional standards, industrial instruments and employment contracts.
  6. We will assess all available evidence.
  7. Our investigator will interview the respondent and provide them with an opportunity to respond to the allegations, and comment on any evidence that is contradictory to or inconsistent with their position.
  8. We will then analyse all the evidence to reach conclusions based on the balance of probabilities, informing you of any apparent breach of relevant workplace policy or procedure identified during the investigation.
  9. We will provide you with an investigation report that includes our findings as to whether, on the balance of probabilities, the allegations are substantiated.
  10. Optional services include recommendations regarding any management, systemic or operational issues identified during the investigation or advice regarding false or vexatious claims or complaints.