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Workplace Investigations

Workplace Investigations

Impartial, procedurally fair and defensible — so you can resolve serious matters with confidence.

HR consultant conducting a workplace investigation

Get it right when it matters most

When a serious complaint or allegation arises, how you respond matters. To be effective — and to hold up if the outcome is ever challenged — a workplace investigation must be impartial, procedurally fair, and arrive at clear findings of fact on the balance of probabilities.

Running an investigation in-house is rarely straightforward. It is time-consuming, pulls you and your managers away from running the business, and an investigation seen as ‘too close to home’ can expose you to claims of bias that undermine the outcome — and your position if the matter proceeds to a tribunal or court.

Nellers takes that burden off your plate. We offer a range of options to suit the matter and your budget — from guidance and support for your internal team, through to the often-preferred option of fully managing the entire investigation process on your behalf.

Fair, Transparent and Defensible

The principles that protect your people, your business and the integrity of the outcome.

Impartial & Independent

An external investigator removes any perception of bias — a critical safeguard if the matter is later scrutinised.

Procedurally Fair

Every participant is afforded natural justice, with clear protocols and the right to respond before any finding is made.

Defensible & Documented

Thorough records and a structured report mean your findings stand up to challenge and reduce organisational risk.

Discreet & Sensitive

Serious matters are handled confidentially and with care, protecting the wellbeing of everyone involved.

A Tried-and-Tested Five-Step Approach

Following our preliminary discussion and assessment of the complaint, our five-step process — backed by documents developed in house — covers it end to end.

1

Notify & Set Protocols

We notify all participants and establish clear interview protocols for the conduct of the investigation.

2

Arrange Meetings

We prepare the letters and meeting arrangements for every participant in the process.

3

Interview & Record

We conduct the interviews and prepare accurate transcripts of the evidence gathered.

4

Summarise Findings

We assess the evidence and provide a guided summary of findings for your review.

5

Final Report

We deliver a final investigation report with clear conclusions you can act on.

The standard of proof — Briginshaw principles

Our skilled investigators weigh the evidence and reach conclusions on the balance of probabilities, applying the well-established Briginshaw principles (Briginshaw v Briginshaw (1938) 60 CLR 336).

In determining whether the evidence is persuasive enough to prove an allegation, those principles require us to weigh three things: the gravity of the allegation, the inherent unlikelihood of it having occurred, and the seriousness of the consequences for the respondent. In short — the more serious the allegation, the stronger the evidence needs to be before a finding is made. It is a disciplined, defensible approach that protects everyone in the process.

Choose the Level of Support You Need

From a guiding hand for your internal team to taking the whole matter off your hands.

Guidance & Support

We coach and support your internal investigator with:

  • Advice on scope and procedural fairness
  • Interview protocols and document templates
  • A sounding board through difficult decisions

Full Management

The option most clients prefer — we run the entire process:

  • Independent, end-to-end investigation
  • All correspondence, interviews and transcripts
  • A defensible final report with conclusions

Review & Assurance

A second set of expert eyes on a matter, including:

  • Review of an investigation already underway
  • Assessment of a complaint and next steps
  • See our HR consulting services

Save Time, Reduce Risk

Speak with our experienced consultants today about the best approach for your business.

Book a Free Consultation