Are you facing an investigation at work?
At Maurice Blackburn, we take a proactive approach and attempt to resolve the matter as quickly as possible. We can assist by:
- responding to allegations which are the subject of a workplace investigation
- appearing with our clients at interviews with workplace investigators
- preparing written complaints or grievances for clients who wish to initiate a grievance procedure or workplace investigation
- dealing with employers, tribunals or boards conducting workplace investigations to provide our clients with certainty, clarity and fairness.
- Maurice Blackburn's employment lawyers have decades of experience advising professionals, executives, and employees on disciplinary matters and in workplace investigations. We have assisted doctors, CEOs, directors, managers, nurses, psychologists, teachers, and many others, to defend their professional reputations and protect their livelihoods.
We understand that workplace investigations need to be handled with both determination and discretion, and we work to successfully resolve your situation while protecting your current and future income, employment prospects and professional reputation.
We can protect your reputation and ensure transparency
Legal privilege over workplace investigations is increasingly being claimed by organisations in order to withhold valid information and outcomes from employees. The danger is that—within this shield of legal professional privilege—information and instruction can pass between the employer and the ‘independent investigator’ that enables the employer to covertly and even unlawfully influence the investigation and its outcome.
We are the expert choice for workplace investigations, and we will fight to protect your reputation and ensure transparency.
We protect your rights
Michael was a senior executive in a large corporation. His employer told him he was being suspended and investigated completely out of the blue. Michael wasn't told why, what the process was, or who the complainants were - but was still asked to respond. His employer said it was an 'independent' investigation, but there were just ticking their boxes. His health was suffering as a result.
Despite our repeated demands, the employer refused to provide the information necessary for Michael to have a fair chance to respond. We took the employer to the Fair Work Commission and ensured that a fair process was followed. We assisted to prepare his statement and attended his interview.
Given the way Michael had been treated and the impact on his health he decided not to return to his job. We negotiated a substantial six figure settlement and a confidential departure.
Frequently Asked Questions
What is a workplace investigation?
Workplace investigations usually occur as the result of a complaint, or in relation to allegations of misconduct, bullying, harassment, breaches of health and safety procedures, or other disciplinary matters. As there is no single legal framework that sets out the way in which investigations should be conducted, the process can sometimes be uncertain and confusing.
Maurice Blackburn’s employment lawyers are able to provide valuable assistance and representation to employees and executives who are facing allegations of misconduct in the workplace, or who are required to appear before professional tribunals and boards. If necessary, we can also seek 'injunctive relief' on our client’s behalf. An injunction is a court order requiring a party to do or cease doing a specific action. In one case we obtained an urgent Federal Court order which overturned the suspension of an employee who was being investigated for allegations of misconduct.
Josh Bornstein, the head of our national employment practice, has considerable experience in successfully representing clients in workplace investigations and tribunals. He is also Deputy Chair of the Racing Appeals and Disciplinary Board, the disciplinary tribunal for the Victorian horse racing industry.
If you are facing a workplace investigation or other disciplinary matter we can help.
When should I get advice?
You should seek advice as early as possible as workplace investigations are often conducted poorly or unfairly. Advice should be sought as soon as you are told you are being investigated and especially before you respond. Your legal options may be more limited once the investigation progresses too far. Our employment lawyers are experienced at representing clients at every stage of a workplace investigation, so get advice no matter what stage the investigation is at.
Josh BornsteinNational Head of Employment Law, Melbourne
"When the forces of darkness are on your back, you want Josh at your side," Julian Burnside QC
Experts in Employment law
Our team has an outstanding record of achieving terrific outcomes for employees in both the private and public sector. We assist our clients with a combination of strategy, tenacity and compassion.
Call us on 1800 810 812 to book an initial consultation. Your first consultation costs $690 (incl GST).
At your one hour consult our lawyers will provide advice on your situation, the best action to take, and next steps. This consult is charged at a fixed fee.
Most of our cases are resolved out of court, and discretion is assured.