WORKPLACE MISCONDUCT INVESTIGATIONS

DMA are misconduct investigation specialists experienced in a wide range of complex investigations including bullying and harassment, sexual harassment, discrimination, fraud breach of code of conduct and other misconduct matters within the workplace.

DMA is also a qualified and recognised VWA work safe provider. Provider No. 365762.

Our investigators are fully qualified and experienced in both factual and surveillance matters often working under legal professional privilege as we are regularly engaged by lawyers to conduct investigations on behalf of their clients.

WHY ENGAGE AN EXTERNAL INVESTIGATOR?

Investigations are extremely time-consuming which is time you cannot afford to devote to a thorough investigative process. The engagement of an external workplace investigation company allows you to focus on your core business. By engaging a licensed specialist who can manage the matter to conclusion you also alleviate a perception of bias.

CONFLICT OF INTEREST

Where a doubt between an employee’s private interests, obligations or relationships and their professional obligations to the organisation exists, DMA can conduct an independent workplace investigation into the perceived misconduct involving a conflict of interest.

AVAILABILITY

We understand the importance and urgency in commencing workplace misconduct investigations. You can rely on us to be available in commencing your investigation concerns at short notice.

EXPERIENCE

Our qualified and experienced team of workplace investigators, risk management assessors, and mediators are available to assist in the most complex misconduct matters.

PROFESSIONALISM

Our qualified and experienced team although best practice guidelines in conducting effective workplace investigations. We are committed to providing our clients with the best service in the industry, including free ongoing advice and support involving future workplace misconduct issues.

WORKPLACE BULLYING

Workplace Bullying is a Workplace Health and Safety issue which employers need to respond to quickly and correctly. Failure to respond to complaints of bullying and harassment can lead to Enforceable Orders from the Fair Work Commission

WHAT IS WORKPLACE BULLYING?

Bullying can happen in person or online, via various digital platforms and devices and can be obvious (overt) or hidden (covert). Under the Fair Work Act 2009 (Cwlth) workplace bullying is defined as repeated unreasonable behaviour directed towards a person or group of people that creates a risk to health and safety which makes another person feel intimidated stressed or unsafe. Bullying of any form or for any reason can have immediate, medium, and long hyphenated term effects on those involved, including bystanders. The behaviour whether intentional or unintentional is defined as ‘verbal, physical, social or psychological abuse’ directed at anyone who spends time in a workplace in a capacity which assists that workplace. This can include permanent and casual employees, apprentices, interns, volunteers, work experience students and visitors.

Occupational Health and Safety Laws outline an employer’s legal onus of ensuring the health, safety and welfare of workers is protected. Failure by employers to respond to a workplace complaint of bullying and harassment within a correct and timely manner may result in Enforceable Orders from the Fair Work Commission.

A worker who perceives they are being bullied at work may apply for a Stop Bullying Order to force the employer and/or accused person to remedy the situation or face significant financial penalties through the Fair Work Commission.  Before issuing a Stop Bullying Order, the FWC must take into consideration any investigation currently been undertaken by the employer and the outcome of such investigation.

Employers need to ensure that their performance management processes are fair and reasonable and should have robust policies and training in place to address both formal and informal complaints of bullying in the workplace. Engagement of an external misconduct investigation specialist company, depending on the seriousness and complexity of the complaint, may be the most appropriate response in providing a timely cost-effective and thorough service.

WHAT IS NOT WORKPLACE BULLYING?

Dissatisfaction or grievances with organisational and management practices or poor management practices on their own, are not workplace bullying. At times people may feel that their working life is unpleasant and that they are being inappropriately treated; but feeling upset or undervalued at work does not mean an individual is being bullied at work. Reasonable management action such as performance management process, disciplinary action for misconduct, informing an employee about unsatisfactory workplace performance or inappropriate workplace behaviour, asking an employee to perform reasonable duties in keeping with their job and maintaining reasonable workplace goals and standards provided they are carried out in a reasonable manner is also not considered to be bullying.

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