Need an investigation?
Let us help you get to the epicentre of what's gone on. With a process that balances thoroughness, timeliness and practicality.
We have specialist expertise investigating:
We carefully consider each case to determine the best approach. We act swiftly but not in haste.
What can you expect?
Please note, as each case is unique, this process map is a guide only.
1. Initial Interviews
Depending on the nature of the matter, the complainant and/or witnesses are interviewed to identify the issues of concern and gather relevant evidence.
2. Allegations
From the information gathered in the initial interviews, allegations are drafted. Generally, the allegations are sent to the complainant for review.
3. Response
The allegations are provided to the respondent in advance of an interview. They may choose to provide a written response prior to the interview, however, they are not required to do so.
4. Witnesses
During the interviews with the complainant and respondent, our Teamwirks investigator will seek information about potential witnesses to the matters raised in the allegations. The investigator will then determine which witnesses they would like to interview. Further witnesses may be identified as the investigation progresses.
5. Further Interviews
Further interviews with the complainant, respondent and any witnesses may be necessary depending on the circumstances of the investigation.
6. Report
A comprehensive and well-reasoned report is prepared. The report sets out, among other things:
- the investigation process
- a summary of the relevant evidence
- an analysis of each allegation
- the finding, or recommended finding, for each allegation.
The report is provided to our instructor along with all records of interview and other information gathered as part of the investigation.
This is a guide to how our interviews are generally conducted.
Scheduling of Interviews
The investigator will contact the interviewee (complainant / respondent / witness) to arrange an appropriate time and location for the interview. Interviews may be conducted face to face or online.
Interview
The investigator will conduct an interview with the interviewee and take down a record of interview (ROI). Interviewees must answer questions truthfully and to the best of their knowledge.
Post Interview
Following the interview, our Teamwirks investigator will email the interviewee the ROI to review and sign as a true and accurate reflection of the conversation. The interviewee is asked to track any changes and sign off on the ROI. In the case of a minor, a file note will be taken in place of a ROI. The interviewee is asked to provide all relevant supporting documents (e.g. notes, emails, etc.). These are attached to the ROI and provided to our instructor as part of our report.
Procedural Fairness
Care is taken to ensure that the investigation is undertaken in a procedurally fair manner, in accordance with principles of natural justice.
Objectivity and Impartiality
All investigations are conducted by an experienced, qualified and impartial Teamwirks Investigator. Who is independent of the employer.
Timeliness
We understand that investigations can be a difficult and uncertain time for those involved. Investigations are conducted in an expeditious manner while ensuring a procedurally fair and thorough approach. Factors such as witness availability and holiday periods can impact upon timing. Regular progress reports are delivered to manage parties' expectations.
Confidentiality
Information is treated confidentially on a ‘need to know’ basis. Parties are advised that they must observe confidentiality regarding all aspects of the investigation. Parties may, however, seek confidential and professional advice or support including via the EAP (where available).
Victimisation
Parties must not be victimised as a result of their participation in the investigation.
Likewise, they must not engage in any conduct that may victimise a person as a result of their involvement in the investigation.
The parties are advised that they may have a support person present when being interviewed. The interviewee may have a break at any time to have discussions with their support person.
The support person must:
- Maintain confidentiality
- Remain professional
The support person must not:
- Speak on behalf of the interviewee
- Intervene or interrupt
The support person can be a:
- Friend / family member
- Union or legal representative
The support person cannot be a:
- Witness to the matter being investigated
- Support person for someone else in the investigation
To ensure our Teamwirks Investigator can put appropriate adjustments in place, please advise if the interviewee:
- Requires an interpreter
- Requires disability access
- Has a medical condition that prevents them from participating in the interview.
The Teamwirks Investigator must be notified if an interviewee has a medical condition which prevents them from participating in an interview or requires the investigation process to be modified. The Teamwirks Investigator will seek to ensure that appropriate support or adjustments are arranged.
While we don’t provide legal advice, our investigations have proven to be legally defensible
Commissioner Nick Wilson in the decision of Anthony King v The Trustee for Bartlett Family Trust t/a Concept Wire Industries (U2017/1068) praised the approach taken by Katherine Wirth, describing the investigation process as “meticulous and balanced” and commenting on how the report got to “the heart of the situation”.
