Workplace Investigations & Grievance Resolution

When to investigate — and when not to

Not every complaint requires a formal investigation, and not every investigation should lead straight to mediation. The right pathway depends on what the complaint is about, what the person making it actually wants, and what the organisation needs to do to meet its legal obligations.

A formal investigation is generally appropriate where:

• the conduct alleged is serious — misconduct, serious harassment, fraud or safety breaches
• the organisation needs a factual finding to take disciplinary action or protect itself
• the alleged conduct may give rise to criminal liability
• a regulator requires one

Mediation — rather than, or alongside, an investigation — is often more appropriate where:

• the complaint arises from a breakdown in communication or a relationship conflict rather than clear misconduct
• both parties want to continue working together
• the person making the complaint primarily wants to be heard, not to have someone punished
• an investigation would be disproportionate to what actually happened
• a swift, constructive resolution would better serve the working environment

Common mistakes organisations make

• Investigating when they should mediate. A heavy-handed investigation for what is essentially an interpersonal conflict entrenches positions, damages morale and rarely produces a workable outcome.
• Mediating when they should investigate. Where serious misconduct is alleged, skipping a proper process to "sort it out quickly" can expose the organisation to claims that it failed in its duty of care.
• Delaying. Unresolved complaints fester. The longer a grievance sits without a response, the more it costs — in productivity, in culture, and eventually in legal exposure.
• Using internal managers as mediators. A manager who is seen as aligned with the organisation cannot provide the neutrality that effective resolution requires. An independent external mediator changes the dynamic.

How mediation resolves grievances

Where mediation is the right step, our mediators work with both sides to surface the real issues beneath the complaint, give each person a structured opportunity to be heard, and guide the parties toward a practical agreement about how things will work going forward. The agreement might cover communication protocols, working arrangements, an apology, or simply a shared understanding of what happened and why.

For employers, early mediation of a grievance demonstrates that the complaint was taken seriously — which matters both to the employee and, if things escalate, to a regulator or tribunal. It is also substantially cheaper and faster than an investigation that leads to a contested termination.

This page is for general information only and does not constitute legal advice. For personalised guidance, please consult a qualified legal professional or accredited mediator.