KEY TAKEAWAYS:
Five key workplace investigation trends dominated 2024 and developments to watch in 2025:
- Workplace investigations and internal investigation teams on the rise | 2025 outlook: demand will continue
- Increased involvement of WHS teams in sexual harassment and bullying investigations | 2025 outlook: cooperation between HR and WHS will be critical, particularly as workplace regulators continue to pursue compliance and enforcement activities
- Trauma-informed and culturally competent investigators in demand | 2025 outlook: this will remain an area of ongoing professional development for investigators
- Rising awareness of investigator wellbeing | 2025 outlook: wellbeing will be a key focus for the profession and employers
- Early trials commence of AI in workplace investigations | 2025 outlook: more firms will start testing AI and sharing their experiences for the benefit of the industry.
The field of workplace investigations is growing nationally and internationally with approaches and skills continually evolving alongside workplace reforms and changing workforce needs.
Every year new trends take hold and opportunities emerge. 2024 was no different.
Our team identified five key workplace investigations trends that gained momentum over 2024 and developments to watch in 2025.
1. Workplace investigations and internal investigation teams on the rise
The flow-on impacts of Australia’s psychosocial safety laws and the positive duties placed on employers to eliminate sexual harassment (and discrimination in some states) has driven increased demand for workplace investigations. At the same time, large employers are establishing dedicated internal investigation teams to take on this increased workload and manage the accompanying workforce and organisational risks. Read our article on Setting up an Internal Workplace Investigations Team for Success.
Our team experienced a 50 per cent increase in investigations between FY2023 and FY2024, with bullying and harassment matters continuing to comprise the majority of our work. In FY2024 we conducted 64 percent more bullying and 50 per cent more sexual harassment investigations.
Nationally, the Fair Work Commission’s annual tally of applications also points to increased employee grievances. Applications for unfair dismissal remedies — a percentage of which would have likely involved a workplace investigation — increased by 34 percent in FY2024 and applications for orders related to bullying and sexual harassment also experienced similar growth.
Demand for workplace investigations is not expected to abate in 2025.
2. Increased involvement of WHS teams in sexual harassment and bullying investigations
Another flow-on impact of the duties placed on employers concerning psychosocial hazards is that we have noted an increased need to draw on the expertise of both HR and WHS functions to navigate the complexities of investigations involving harassment, discrimination, bullying and other psychosocial hazards.
Where there had previously been a clear delineation between HR-related employee issues and safety incidents — with separate investigation and management processes — the lines may now be blurred. We anticipate regulators will continue to actively pursue compliance and enforcement initiatives in 2025. For organisations in a regulator’s spotlight cooperation between HR and WHS functions will be critical.
As a result, organisations are now taking steps to align their HR and safety processes and procedures. There may be some teething issues through this change management process which we expect to see continue through 2025.
3. Trauma-informed and culturally competent investigators in demand
The traditional one-size-fits-all approach to the conduct of workplace investigations has been replaced with a more responsive, people-centred model that requires investigators skilled in trauma-informed and culturally responsive interviewing and investigation practices. In June 2024, the Queensland Government issued an amended directive expressly requiring consideration of cultural safety in workplace investigation processes.
Employers with diverse workforce populations are increasingly seeking out investigators with experience interviewing First Nations peoples, employees from different cultural backgrounds, employees who identify as LGBTQI +, are neurodiverse and those with a disability. Understanding and considering the perspectives of different employee groups to safely and genuinely share their experience is an evolving area of professional development for investigators and will continue to be a focus in 2025.
4. Increasing awareness of investigator wellbeing
Not only are we seeing greater employer consideration for the welfare of investigation participants — particularly those from diverse backgrounds — but greater attention is also being paid to the welfare of investigators.
Employers, particularly those with dedicated investigation teams, recognise this is a risk area. Large caseloads and more complex matters, combined with an emerging profession without well-established support structures or wellbeing frameworks is leading to high workforce turnover and burnout. Read our article on Supporting Investigator Wellbeing.
We are seeing more employers starting to invest in this area and expect wellbeing will be a key focus for the profession and employers in 2025.
5. Early trials commence of AI in workplace investigations
AI, two small letters that are changing everything. We are standing on the cusp of a new technological age which will continue to grow and evolve exponentially.
While it may feel like we are all racing to catch up, the reality is that it is too early to feel left behind — yet. We are all aware there is significant potential for AI to improve investigation efficiency and investigator productivity. The challenge is working out how and where — through safe and ethical testing — to leverage AI while maintaining the integrity, validity and confidentiality of workplace investigations.
We are in the process of working with external experts to trial and evaluate how AI can be applied to workplace investigation processes. We expect to see more investigations firms experimenting with AI in 2025 and, we hope they will share their learnings for the benefit of the industry, as our firm plans to do.
More information
Q Workplace Solutions’ team of experienced and legally qualified investigators are trusted by public and private organisations, including ASX-listed companies and government departments, to investigate complex and often highly sensitive allegations of employee wrongdoing. They also undertake reviews of organisations, divisions or units, and provide training, coaching and external advisory support to internal investigators and teams.
Upcoming training
Is your team onboarding new investigators in 2025? Or do you need a refresher on current best practice workplace investigations approaches? At the conclusion of this 12 and 13 March online workshop, Internal Workplace Investigations: The Fundamentals, participants will know:
- the key stages of an investigation
- how to manage common difficulties that may arise during the course of an investigation
- how to make findings and finalise an investigation.
Go to Q Workplace Training to learn more about this workshop or to register.
