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What should trigger a formal workplace investigation?

Any complaint of discrimination, sexual harassment, bullying or victimisation should be treated extremely seriously, and trigger an immediate formal workplace investigation.

In addition, any alleged serious misconduct that could result in the termination of an employee should also trigger a formal workplace investigation.

Our team of employment lawyers and industrial advocates have extensive experience conducting independent investigations on behalf of our clients, and advising on appropriate and effective disciplinary processes.

What is serious misconduct?

According to the Fair Work Act, serious misconduct is conduct that is wilful or deliberate and that is inconsistent with the continuation of the employment contract.

Serious misconduct is also conduct that causes a serious and imminent risk to the health and safety of a person, or to the reputation, viability or profitability of your business.

It can include:

  • theft
  • fraud
  • assault
  • intoxication at work
  • refusal to carry out lawful and reasonable instructions

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