Why Employment Lawyers Hire Private Investigators

Why Employment Lawyers Hire Private Investigators

Employment lawyers (also known as workplace relations or industrial lawyers) handle disputes under laws like the Fair Work Act 2009 (Cth), involving unfair dismissal, discrimination, bullying, harassment, wage theft, and general protections claims. They represent either employees (plaintiff side) or employers (defense side), and private investigators (PIs) provide independent, discreet fact-finding to build evidence. In Australia, PIs must be licensed to ensure admissibility in Fair Work Commission hearings or courts.

Reasons vary by side, but common scenarios include:

• Investigating Workplace Misconduct Allegations For employers: PIs probe claims of theft, fraud, policy breaches, or inappropriate behavior (e.g., harassment). They gather witness statements, review CCTV, or conduct interviews to support disciplinary action or defense. For employees: Counter-investigate employer allegations to show fabrication or bias.
• Gathering Evidence in Bullying, Harassment, or Discrimination Cases PIs interview witnesses discreetly, collect statements, or surveil patterns of behavior (e.g., documenting repeated interactions). This strengthens claims of hostile work environments or systemic issues.
• Surveillance for Workers' Compensation or Injury Claims Fraud Primarily for employers/insurers: PIs monitor claimants suspected of exaggerating injuries (e.g., claiming inability to work but seen performing physical activities). This evidence can reduce or deny claims.
• Background Checks on Employees or Applicants For employers: Verify resumes, references, criminal history, or prior misconduct in hiring disputes or post-termination claims. For employees: Investigate employer hiring practices for discrimination evidence.
• Probing Whistleblower or Retaliation Claims PIs uncover evidence of adverse action following complaints (e.g., tracing communications or timelines) to prove general protections violations.
• Locating Witnesses or Former Employees In large workplaces or long disputes, PIs track down ex-staff for statements, especially in class actions or enterprise agreement breaches.
• Investigating Wage Theft or Underpayment PIs review records, interview colleagues anonymously, or trace financial discrepancies to support employee claims of systemic underpayment.
• Countering or Conducting Surveillance Employee-side lawyers hire PIs for counter-surveillance if employers monitor staff unethically, or to document ongoing harassment outside work.
• Supporting Unfair Dismissal or Redundancy Disputes PIs gather evidence on procedural fairness, sham redundancies, or hidden motives (e.g., performance issues fabricated post-dismissal).

Employment lawyers value PIs for objective evidence in he-said-she-said disputes, where emotions and confidentiality are high. Ethical PIs ensure compliance with privacy laws to avoid evidence exclusion. This practice is common in contested Fair Work matters, helping achieve better settlements or tribunal outcomes.