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Employment Investigations and Disciplinary / Grievance Processes

Involved in an employment, disciplinary or grievance investigation process?

Increasingly our employment lawyers have observed that employers are outsourcing disciplinary and grievance investigations to external investigators – whether it be a law firm or other professional workplace investigator. We can represent you in these investigations and ensure that your case is most effectively presented and properly investigated.

  • Disciplinary processes

    Slater and Gordon offers expert legal advice and assistance throughout the employment disciplinary process, including:

    • analysis of your case;
    • strategic advice as to how to present your case;
    • drafting your response to allegations;
    • ensuring natural justice is afforded to you;
    • ensuring you are afforded all your rights during the process;
    • bringing related claims for adverse action, unfair dismissal  or discrimination where necessary; or
    • negotiating a termination of employment.

    The way a disciplinary process is conducted varies from employer to employer. There are two steps in a disciplinary process: the investigation into any allegations that have been made, and the determination of the disciplinary penalty if allegations are found proven. The way that the disciplinary process, and these two steps, is conducted will vary from employer to employer and can be anything from a simple meeting, to a formal investigation by an external investigator.

    The process can occur very quickly, or can be drawn out over a long period. We can tailor our advice and level of assistance to suit any Disciplinary process, and can take steps to ensure that the process is fair to you.

    Being summoned to a disciplinary meeting can be distressing. There is a risk that the meeting could result in dismissal, a formal warning that the employee must improve, or some kind of sanction being taken. The right legal representation and support in a disciplinary process can make all the difference to the outcome.

  • Your grievances at work

    If you have a grievance at work, Slater and Gordon can help. This could include drafting of the initial grievance, guidance prior to any investigation, written communications with your employer if appropriate, analysis of the grievance response and outcome, negotiation, dealing with any subsequent claim, whether for adverse action, discrimination, bullying and harassment or breach of contract.

    Employees who submit a written grievance should be invited to a grievance meeting by their employer to discuss in more detail the complaints raised in writing. This can be daunting for many employees, but others see it as an opportunity to make their concerns heard.

For professionals, who require registration with a professional body in order to carry out their profession, there can be serious implications arising from any workplace investigation not just for their current employment, but if matters are referred to their professional body, for their ability to continue working in their profession in the future.

Our lawyers can provide strategic advice and representation around these issues in an investigation, and represent employees in any subsequent investigation commenced by their professional body. Learn more about professional discipline investigations.

Make an enquiry

If you have a question, want some more information or would just like to speak to someone, make an enquiry now and we’ll be in touch with you very soon.

Enquire now