THE METHOD AND COMPLETENESS OF A HARASSMENT INVESTIGATION

When an employee raises an allegation of harassment in the workplace, employers have both a legal obligation and a moral responsibility to ensure the matter is investigated thoroughly and fairly.  The way the investigation is conducted is just as important as the outcome itself.

What a Proper Investigation Should Include

A harassment-related investigation must be comprehensive, methodical, and unbiased.  Key steps include:

• Preserving evidence - such as emails, text messages, and records of prior complaints.

• Interviewing relevant witnesses - ensuring all perspectives are heard.

• Reaching a fair conclusion - based on facts, not assumptions.

• Sharing the results - with the complainant and respondent in a transparent manner.

Why Method Matters More Than Outcome

In many cases, it is not the result of the investigation that comes under the most scrutiny, but the process itself.  Courts, regulators, and tribunals will examine whether the investigation was:

• Conducted without bias.

• Complete and well-documented.

• Managed in line with workplace policies and legal standards.

A flawed process - even if well-intentioned - can expose employers to legal challenges, reputational damage, and costly disputes.

The Risks of Using In-House Personnel

As highlighted in a recent article, relying on HR staff or in-house lawyers to investigate harassment claims carries inherent risks.  Internal personnel may lack the specialised training required for sensitive investigations, and their involvement raises the potential for bias or perceived conflicts of interest.

Even the appearance of unfairness can undermine the investigation and create long-term issues for the employer.

Why Independent Investigators Add Value

While engaging a specialist external investigator may involve additional cost, the risks of not doing so are far greater.  An independent professional ensures that:

• The investigation is thorough and defensible.

• All evidence is preserved and properly assessed.

• The process will withstand scrutiny in court or tribunal.

How QNA Can Help?

At QNA Investigations, we provide discreet, independent investigations that meet the highest professional and legal standards.  Our work is designed to withstand scrutiny at every level - protecting both the employer and employees involved.  If you’d like to know more, contact us by phone on +61 2 9212 5000 or via email at mail@qnainvestigations.com.au.