Employees of disability services organisations, should present themselves in an exemplary manner. Any issues or complaints in relation to an employee or their work manner should be dealt with promptly to avoid any risks that may occur. Successful outcomes are achieved by conducting disability services investigations.
Disability services investigations
Workplace investigations are a formal investigation instigated by employers. These investigations are to examine any misconduct by employees. In usual circumstances, a workplace investigation involves an investigator who gathers evidence of the situation and advises whether there has been misconduct.
The Royal Commission has been established since early April 2019 to deal with matters where there is violence, abuse, neglect and exploitation of people with disability.
If misconduct is found, an organisation has the discretion to dismiss the employee or take other forms of disciplinary action.
When should a workplace investigation commence?
There are many examples of misconduct which could amount to the commencement of a workplace investigation. These include:
- Illegal behaviour/activity
- A breach of confidential information
- Behaviour which poses serious risk to health and safety of colleagues and clients
- Bullying or harassment of colleagues and clients
Workplace investigations should be acted upon promptly as misconduct may be disruptive to the workplace.
It is important to note that workplace investigation should not be premised upon an employee’s performance. If an employer requires investigation into an employee’s performance, a performance management process should be commenced.
How can JFM Law help?
We provide sensitive and strategic advice to disability services employees who are being investigated. We have a track record of achieving pragmatic results which allow staff to move on with their career and get back to what they are doing best. Contact JFM Law on (02) 9199 8597 for a no obligation chat. If you would rather get in contact through email, send your question through or by email at wehelp@jfmlaw.com.au.
The information contained in this post is current at the date of editing – 8 April 2024.
