Workplace Investigations
Independent, procedurally fair workplace investigations conducted by experienced specialists.
LevelUp conducts independent, procedurally fair workplace investigations that are thorough, impartial and documented to a standard that withstands scrutiny in Fair Work Commission proceedings, anti-discrimination tribunals and court hearings. Our investigators bring extensive experience across employment law, investigation methodology and complex workplace dynamics, and LevelUp’s principal holds a WA Investigator’s Licence and Inquiry Agent’s Licence under the Security and Related Activities (Control) Act 1996. We operate nationally across all industries. When a complaint lands on your desk, LevelUp is the partner you want in your corner.
About Workplace Investigations at LevelUp
When a workplace complaint is received, the employer’s response is subject to immediate scrutiny. A poorly managed investigation, one that lacks procedural fairness, is perceived as biased, fails to adequately gather evidence, or reaches conclusions that aren’t supported by the findings, exposes the employer to unfair dismissal claims, general protections applications, anti-discrimination proceedings, and significant reputational harm. In the most serious cases, a flawed investigation can also create personal liability for individual managers and officers.
LevelUp’s workplace investigators are experienced specialists in Australian employment law, investigation methodology, and the procedural fairness principles that courts and tribunals apply when evaluating investigation outcomes. Every LevelUp investigation is structured around a terms of reference, follows a documented methodology, and produces a report that clearly sets out the allegations, the evidence gathered, the findings of fact, and, where instructed, recommendations for action.
We conduct investigations across the full range of workplace complaint types, from employee-on-employee bullying and harassment through to executive misconduct, fraud, whistleblower disclosures, and psychosocial hazard investigations under work health and safety legislation. LevelUp operates in all states and territories and is experienced in managing complex, sensitive, and high-profile matters that require careful management of confidentiality, stakeholder communication, and legal privilege considerations.
Post-investigation, LevelUp assists employers with the consequential actions that flow from investigation findings, including disciplinary processes, performance management, mediation, team culture interventions, and policy and process redesign. Our involvement doesn’t end when the report is delivered.
How LevelUp can help
- Conducting independent workplace investigations across all complaint types, bullying, harassment, sexual harassment, misconduct, fraud, and whistleblower disclosures
- Developing terms of reference that scope the investigation appropriately and protect the investigation from later challenge
- Interviewing complainants, respondents, and witnesses in a way that is procedurally fair, trauma-informed where appropriate, and legally sound
- Gathering, assessing, and documenting documentary, digital, and witness evidence
- Preparing detailed, legally defensible investigation reports that set out methodology, evidence, findings of fact, and reasoning
- Advising on findings and recommended actions, including the appropriate disciplinary response and risk of subsequent claims
- Supporting post-investigation actions including disciplinary processes, performance management, and team culture interventions
- Providing procedural fairness guidance and real-time support to internal HR teams managing investigations in-house
Topics covered
- Bullying Investigations
- Harassment Investigations
- Sexual Harassment Investigations
- Misconduct Investigations
- Fraud Investigations
- Whistleblower Complaints
- Psychosocial Hazard Investigations
- Executive Investigations
- Code of Conduct Investigations
Work we have done
Real engagements. Anonymised to industry level.
FIFO laboratory bullying investigation.
Five allegations of intimidating conduct investigated under s 789FD of the Fair Work Act. The report set out discrete credibility findings for each witness, a two-tier statutory versus policy threshold framework, cumulative pattern analysis grounded in the leading Commission authorities, and an explicit adverse action risk note. Every finding traceable to primary evidence. That is the standard a report needs to meet when a respondent’s lawyers pull it apart.
Executive-adjacent misconduct matter.
Where a group HR manager was personally named in a regulator complaint mid-process, LevelUp’s independence preserved the integrity of the investigation and the disciplinary outcome that followed.
Workplace Investigations topic areas
LevelUp covers every major topic within workplace investigations.
Bullying Investigations
Investigating complaints of repeated unreasonable behaviour directed at a worker or group of workers that creates a risk to health and safety, the standard required under the Fair Work Act 2009. LevelUp’s bullying investigations are structured around a terms of reference, apply rigorous evidence-gathering methodology, and produce findings that address the legal definition of bullying and clearly distinguish it from reasonable management action. We also assist with stop bullying applications before the Fair Work Commission.
Harassment Investigations
Investigating workplace harassment complaints, including discrimination-based harassment and general harassment that does not meet the bullying threshold, in a procedurally fair and evidence-based manner. LevelUp’s investigators are experienced in managing harassment complaints that involve power imbalances, sensitive personal information, and complex interpersonal dynamics. Our reports clearly address the relevant factual and legal questions to support sound decision-making.
Sexual Harassment Investigations
Conducting independent investigations into sexual harassment complaints that are compliant with the positive duty under the Sex Discrimination Act 1984 and procedurally fair to all parties. LevelUp’s sexual harassment investigations apply a trauma-informed approach to interviewing, maintain strict confidentiality, and produce reports that address both the factual findings and the employer’s duty of care obligations. We are experienced in managing sensitive matters involving senior employees and high-profile complainants.
Misconduct Investigations
Investigating alleged employee misconduct, from policy breaches and dishonesty through to serious misconduct warranting summary dismissal. LevelUp’s misconduct investigations are designed to produce findings that support a valid reason for dismissal or other disciplinary action, while maintaining procedural fairness requirements. We also advise on the show cause process following investigation findings and the appropriate level of sanction in the circumstances.
Fraud Investigations
Investigating suspected fraud, theft, and financial misconduct in the workplace, including procurement fraud, expense fraud, timesheet fraud, and misuse of company assets. LevelUp’s fraud investigations involve structured evidence-gathering across financial records, digital communications, and witness accounts. We produce investigation reports suitable for use in subsequent disciplinary processes and, where required, referral to external authorities.
Whistleblower Complaints
Managing and investigating whistleblower disclosures in compliance with the Corporations Act 2001 whistleblower protection framework, which provides significant protections to eligible whistleblowers and imposes obligations on employers in relation to how disclosures are handled. LevelUp advises on triage and initial assessment of whistleblower complaints, conducts investigations where required, and assists organisations in building compliant whistleblower management frameworks.
Psychosocial Hazard Investigations
Investigating workplace conditions that give rise to psychosocial hazards, including chronic stress, poor management practices, role overload, workplace conflict, and toxic culture, as required by WHS legislation. Australian WHS regulators now explicitly require employers to investigate and address psychosocial hazards with the same rigour applied to physical safety risks. LevelUp’s psychosocial investigations identify the systemic and individual factors contributing to harm and recommend evidence-based interventions.
Executive Investigations
Conducting independent investigations into allegations involving senior executives, directors, and leadership team members, where the stakes are high, the political dynamics are complex, and the standard of independence required is elevated. LevelUp’s executive investigations are managed with strict confidentiality and sensitivity to governance obligations. We are experienced in advising boards and audit committees on how to manage executive misconduct allegations in a way that protects the organisation’s interests.
Code of Conduct Investigations
Investigating alleged breaches of workplace codes of conduct, values statements, and behavioural policies, including matters that may not meet the threshold for criminal or legislative breach but involve conduct inconsistent with the organisation’s standards. LevelUp helps organisations define what their code of conduct actually requires and conducts investigations that produce findings against the applicable standard, supporting consistent and defensible disciplinary outcomes.
Frequently Asked Questions
Common questions about workplace investigations consulting in Australia.
Why should a workplace investigation be conducted by an independent investigator?
Independent investigators eliminate both the reality and the perception of bias. When investigations are conducted internally, particularly where senior employees, management decisions, or complex interpersonal dynamics are involved, the outcome can be questioned regardless of its quality. An independent investigator provides credibility, methodological rigour, and significant protection for the employer if the outcome is challenged in tribunal proceedings. LevelUp’s investigators bring no prior relationship with the parties and no stake in the outcome.
What is procedural fairness in a workplace investigation?
Procedural fairness requires that the respondent is clearly informed of the allegations against them, given a genuine and reasonable opportunity to respond before findings are made, and that the investigator approaches the process without pre-judgment. Failures in procedural fairness are one of the most common grounds on which investigation outcomes are successfully challenged in unfair dismissal and general protections proceedings.
How long does a workplace investigation take?
The timeframe depends on the complexity of the matter, including the number of parties involved, the volume of evidence to be reviewed, the nature of the allegations, and whether any parallel legal or regulatory processes are running. Simple single-complainant investigations can be completed in two to three weeks. Complex matters involving multiple complainants, large volumes of documentation, executive respondents, or concurrent legal proceedings may take six to twelve weeks. LevelUp provides a realistic timeline and regular progress updates from the outset of every investigation.
What happens after an investigation report is delivered?
LevelUp’s investigation report sets out findings of fact and, where instructed, recommendations for action. The employer then determines what disciplinary or other action to take based on the findings. LevelUp can assist with all consequential actions including show cause processes, disciplinary outcomes, performance management, mediation and facilitated conversations, team culture interventions, and policy or process reviews to address systemic issues identified in the investigation. We don’t disappear when the report lands.
Are LevelUp’s investigation reports legally defensible?
Yes. LevelUp’s investigation reports are prepared to a standard that withstands scrutiny in Fair Work Commission proceedings, anti-discrimination tribunal hearings, WHS regulatory proceedings, and court proceedings. Our reports document the terms of reference, methodology used, evidence gathered and assessed, findings of fact for each allegation, and the reasoning that supports each finding, creating a clear, transparent record that supports the employer’s position if the outcome is challenged.
Can a respondent be suspended during a workplace investigation?
Yes, in appropriate circumstances. Suspension during an investigation is a neutral management act designed to preserve the integrity of the investigation, it is not a finding of guilt or a disciplinary action. The key requirements are that the suspension is on full pay (unless there is a specific contractual or award provision), that the reasons for suspension are communicated to the employee, and that the suspension does not continue longer than necessary. LevelUp advises on the appropriateness of suspension and manages the process to minimise legal risk.
What is the difference between a workplace investigation and a performance management process?
A workplace investigation is used when there is a specific allegation of conduct that needs to be examined through a structured evidence-based process, such as bullying, harassment, misconduct, or fraud. Performance management, by contrast, addresses ongoing underperformance through a structured support and improvement process. The distinction matters because they require different procedural frameworks and produce different outcomes. Treating a conduct issue as a performance matter, or vice versa, is one of the most common errors that leads to successful unfair dismissal claims. LevelUp advises on which process is appropriate in the circumstances.
How should employers handle anonymous complaints?
Anonymous complaints create procedural challenges because the employer cannot interview the complainant or obtain their evidence directly. LevelUp advises employers on assessing whether an anonymous complaint contains sufficient detail to warrant investigation, conducting an investigation that maintains procedural fairness to the respondent without disclosing the complainant’s identity, and managing the risk that the respondent may attempt to identify the complainant. Not every anonymous complaint requires a formal investigation. The triage assessment is critical.
Related Practice Areas
LevelUp’s expertise in workplace investigations connects closely with these disciplines.
Human Resources
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Industrial Relations
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Employment Law Support
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Safety & Compliance
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Need workplace investigations support?
LevelUp provides expert workplace investigations consulting across Australia. Let’s talk about your specific situation.