WORKPLACE INVESTIGATIONS
Carried out by professionals who specialise in conducting fair and impartial workplace investigations.
Workplace Investigations
WorkWise provides expert workplace investigation services tailored to suit your organisation's needs.
Our independent approach ensures complaints are handled with fairness, confidentiality, and impartiality, delivering a structured process to address workplace issues effectively.
Outsourcing your investigations to WorkWise allows you to save time and reduce stress, letting you focus on your core HR responsibilities.
With professional and efficient support, WorkWise helps businesses resolve conflicts and conduct investigations smoothly, fostering a positive and productive workplace environment.
Outsourcing Your Investigation to Us
What does your business receive?
Independent & Impartial Assessment
A thorough, unbiased investigation conducted by experienced professionals
Confidential & Discreet Process
A secure approach that protects the privacy of all parties involved.
Detailed Report
A comprehensive report outlining key findings, evidence, and recommendations.
Comprehensive Evidence Gathering
A meticulous review of relevant documents, interviews, and witness statements to establish a clear factual basis.
Minimised Business Disruption
An outsourced investigation process helps resolve issues efficiently, reducing the impact on daily operations.
Workplace Investigations FAQ
What is a workplace Investigation?
A workplace investigation is a formal process used by employers to examine allegations of misconduct, disputes, or grievances within an organisation. It aims to establish facts, ensure fairness, and determine whether company policies or employment laws have been breached.
In Ireland, workplace investigations must adhere to fair procedures and the principles of natural justice, ensuring that employees are given an impartial hearing. Employers typically conduct investigations in cases of bullying, harassment, discrimination, misconduct, or breaches of company policy. The process involves gathering evidence, interviewing relevant parties, and producing a report with findings and recommendations.
Following best practices—such as those outlined in the Code of Practice on Grievance and Disciplinary Procedures (S.I. No. 146/2000)—helps employers avoid legal risks and ensures that investigations are conducted fairly and transparently
When should an employer conduct a workplace investigation?
An employer should conduct a workplace investigation when there are allegations or concerns that require a fair and impartial review. Common situations that warrant an investigation include:
- Misconduct Allegations: If an employee is accused of breaching company policies, or behaving inappropriately.
- Bullying & Harassment Complaints: When an employee reports workplace bullying, harassment, or discrimination, an investigation under the formal procedures may be decided upon.
- Grievances & Disputes: If there is a formal complaint about unfair treatment, conflicts between employees, or concerns about workplace conditions.
- Health & Safety Incidents: Investigations may be necessary following workplace accidents or breaches of health and safety regulations.
- Whistleblower Reports: If an employee raises concerns about unethical or illegal activities within the company, an investigation may be necessary to address the issue appropriately.
What legal framework governs workplace investigations in Ireland?
Workplace investigations in Ireland are governed by a structured legal framework designed to ensure fairness, transparency, and compliance with employment laws.
Unfair Dismissals Acts 1977-2015
– Establishes protections against unfair dismissal. Employers must ensure that investigations are thorough and impartial to avoid legal challenges.
Code of Practice on Grievance and Disciplinary Procedures (S.I. No. 146/2000)– Provides guidelines for handling workplace disputes, ensuring employees have the right to respond to allegations and receive fair treatment throughout the process.
Who should do the Investigation?
Employers must ensure that workplace investigations are fair and impartial to safeguard against claims under employment laws such as the Unfair Dismissals Acts 1977-2015 and S.I. No. 146/2000 – Code of Practice on Grievance and Disciplinary Procedures. This Code of Practice requires that employees receive an unbiased hearing when allegations are made against them.
To uphold procedural fairness, businesses should assess whether their investigators are sufficiently trained, skilled, and independent of the matter under review. Where internal impartiality may be difficult to achieve, outsourcing an investigation to WorkWise can be a practical and effective solution
What risks do businesses face if workplace investigations are not handled correctly?
A flawed workplace investigation can result in legal claims under the Unfair Dismissals Acts 1977-2015, reputational damage, financial penalties, decreased employee morale, and psychological distress for those involved.
When an investigation lacks fairness or thoroughness, employees may challenge disciplinary actions, leading to costly legal disputes. The Workplace Relations Commission (WRC) has ruled in several cases that procedural failures—such as failing to review key evidence or relying on hearsay—can result in reinstatement or substantial compensation awards.
Beyond financial risks, a poorly handled investigation can damage an employer's credibility, making it harder to attract and retain talent. Employees who feel unfairly treated may disengage, affecting productivity and workplace culture. Additionally, individuals subjected to flawed investigations often experience stress, anxiety, and a loss of trust in their employer, which can have long-term consequences for their well-being.
What are the benefits of a good workplace investigation?
A well-conducted workplace investigation plays a crucial role in risk management, helping businesses mitigate legal, financial, and reputational risks. Some key benefits include:
- Compliance – Ensures adherence to employment law such as the Unfair Dismissals Acts 1977-2015 and S.I. No. 146/2000, reducing the risk of claims.
- Financial Protection – Prevents costly litigation and compensation pay outs by ensuring fair procedures in investigation management.
- Reputation Management – Demonstrates a commitment to fairness and transparency, strengthening trust among employees and stakeholders.
- Improved Workplace Culture – Encourages ethical behaviour and accountability, fostering a positive and compliant work environment.
- Stronger Decision-Making – Provides clear, evidence-based findings that support informed HR and management decisions.
- Employee Well-being – Reduces workplace conflicts and stress by addressing grievances effectively and fairly.
Can I terminate an employee for misconduct without following a disciplinary process?
No, employers must follow fair procedures when dismissing an employee, including in cases of misconduct or serious misconduct. Under the Unfair Dismissals Acts 1977-2015, dismissals are presumed unfair unless the employer can demonstrate a justifiable grounds and compliance with fair processes.
Furthermore, under Article 40.3 of the Irish Constitution, employees have the fundamental right to respond before any decision affecting their employment is made. This principle of natural justice ensures that individuals are given a fair chance to hear the allegations against them and provide their side of the story before disciplinary action is taken. This further emphasises the point that, employers must conduct an investigation and disciplinary process before any decision regarding their future employment is made.
Failure to respect these procedures can result in claims of unfair dismissal, leading to financial penalties and reputational risks for the business.
