How to Deal with an Uncooperative Respondent

When conducting investigations in the workplace, senior staff and human resource managers often have to deal with uncooperative respondents. Understandably, this can significantly hamper the progress of the investigation. WHat is an uncooperative respondent There are many ways in which the smooth running of an investigation can be negatively affected by an uncooperative respondent. This […]

Can Employers Investigate if Complainants Ask Them Not To?

One of the more difficult aspects of managing an employment relationship is appropriately dealing with complaints, both from the perspective of the complainant and the accused. This is made even more complicated when a reluctant complainant brings something to the attention of Human Resources or management, then does not want it investigated. We examine why […]

Sharing Information After a Workplace Investigation

For employers, the completion of a workplace investigation can feel like the end of a marathon. The relevant issues have been aired and discussed, a report delivered and decisions made. However, it is also important to effectively share relevant information with affected parties and the broader organisation as the investigation process draws to a close. […]

Substantiating Claims of Reportable Conduct

It is one of society’s great shames that our most vulnerable individuals are often open to abuse by those entrusted with their care. However, it is somewhat edifying to know that stringent legal and regulatory measures are in place in Australia to ensure that employers and others act quickly when allegations arise of abuse in […]

The Right Mix: Professionalism, Impartiality and Empathy

When conducting a workplace investigation, it is essential that there is consideration given to maintaining an appropriate balance between professionalism, impartiality and empathy. By ensuring that this balance is maintained, employers are best able to protect the interests of staff, and safeguard against allegations of inappropriate conduct during the investigatory stage. the need for professionalism […]

Legal Professional Privilege and Workplace Investigations

When a workplace investigation is required, there may occasionally be good reason to seek legal professional privilege regarding the findings. This is particularly the case in matters that may require criminal investigation, such as fraud, theft or sexual harassment. So, is it sufficient to engage a law firm when undertaking workplace investigation if you wish […]

When to Use an External Investigator

Using in-house resources to sort out organisational problems certainly makes a lot of sense. HR departments tend to be well equipped to receive and manage internal complaints, facilitating solutions as they go. But while sourcing external assistance can seem unnecessary, there are certain serious workplace situations where calling in specialist investigative expertise will be the […]

How to Take Action when Employees and Alcohol Mix

Alcohol and workplaces never mix well. No matter the sort of work they do, employees should not be in the workplace when they are under the influence or still suffering the effects of alcohol consumption. This includes drinking at work or immediately before starting work, and those who are still impacted by a big night […]