Workplace Investigations

With established expertise in cases involving allegations of professional misconduct, corrupt conduct and workplace misbehaviour, Gilshenan & Luton is often requested to advise upon and conduct independent workplace investigations on behalf of government departments, government-owned corporations and private businesses. 

Our investigations are often overviewed and approved by the Crime and Corruption Commission. The subject matter of our investigations commonly include issues of fraud and corruption, breaches of professional rules and boundaries, conflicts of interest, and bullying and harassment (including sexual harassment).

Our Services

We have a well-defined process for the planning and execution of investigations, supported by a quality assurance framework to enable us to consistently provide workplace investigations of the highest quality.  The extent to which individual aspects of our usual processes are engaged is determined on a case by case basis, considering the nature and significance of the allegations, budgetary and timing constraints, and the principles of procedural fairness. We regularly:

• Conduct complex investigations involving bullying, harassment, discrimination, sexual harassment and serious misconduct, including matters with multiple complaints and respondents. 
• Investigate allegations against senior executives and officers requiring strict procedural fairness, confidentiality and precise management of reputation and governance risk.
• manage investigations with overlapping regulatory, disciplinary, WHS, or criminal exposure, informed by our extensive litigation and regulatory enforcement experience.
• deliver clear, defensible investigation reports with findings capable of withstanding scrutiny in industrial, disciplinary, regulatory, or court proceedings.

Our methodology when conducting investigations involves at least four stages in every investigation:

Stage 1: Planning the investigation

Stage 2: Gathering the evidence

Stage 3: Considering evidence and reaching a conclusion

Stage 4: Writing the Investigation Report

The principles of procedural fairness are flexible and vary depending on the circumstances of each individual case.  Demonstrating significant expertise in all matters of administrative law, includes PID management, application of the appropriate standard of proof, discharge of procedural fairness obligations, and the analysis of evidence.  Our experience in private and public sector issues allows us to also supplement our reports with recommendations for systemic improvements to ensure continuous improvement in the client’s processes and procedures.  

The workplace investigations team is led by Directors Melanie Morris and Patrick Quinn, both of whom are members of the Australasian Association of Workplace Investigators. Our reports are written in compliance with the reporting protocols and requirements of the Crime and Corruption Commission, or other overviewing agency, as required.