Analysing “He said, She said” Evidence with a Trauma-Informed Lens
In almost every investigation class, we hear the classic question: what do you do with a “he said, she said”? The reason for this is that most learners have had…
Audio Recording or Written Statements?
Appropriately recording evidence is a crucial part of workplace investigations. For investigators, this can cause a significant dilemma as to whether it is preferable to rely on written statements, or obtain audio recordings of interviews conducted during the investigation. Here are a few of the main considerations for each method. Audio recordings An audio recording […]
Making Findings in Workplace Investigations
When a workplace investigation is coming to an end, one task can seem deceptively simple – making findings. It might seem that because all the information is now available, the investigator can surely just state ‘the obvious’ in their report. Yet as with most tasks in the investigative process, quality outcomes require much greater consideration […]
Writing an Investigation Report
To say that a workplace investigation report is an important document is certainly something of an understatement. Following the investigation, the report will be relied upon for all manner of significant organisational decisions, tasks and action. As a result, it is essential that workplace investigators create a professional, transparent and unbiased document. ONE REPORT, MANY […]
Interview Techniques for Workplace Investigations
In any workplace investigation, there will be multiple competing factors for an investigator to consider. One core issue is developing the appropriate interview strategy. Investigative interviewing requires careful consideration of the purpose of the investigation, and exactly who will be interviewed. There is also the question of tone – ensuring that the interview remains cordial […]
Social Media Misconduct: The Need for a Fair Investigation
An ever-increasing key dilemma for employers in the modern age is how to deal with the misconduct by staff through their use of social media platforms. The list of potentially offending conduct is lengthy. For example, staff might call in sick but then post details of their activities on social media. Employees could post inappropriate, […]
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 Legality of Recording Conversations
How many times have you wished you had a record of a conversation? Perhaps you would have liked evidence of what was said, or you would have appreciated being able to play a conversation back for training purposes. Whatever the reason, we examine the legality of recording conversations in Australia. when can you record a […]
Signed Statements vs Affidavits in Workplace Investigations
When conducting a workplace investigation, it is important that supporting evidence is collected in order to ensure that any decisions can be backed up, particularly in the event of legal proceedings. We examine the merits of recording evidence in a signed statement versus an affidavit. WHAt is a signed statement? The nature of a signed […]
Briginshaw Applied: Weighing Up The Evidence
For those involved in workplace investigations, one court case seems to be of central importance – Briginshaw v Briginshaw. Interestingly, this 1938 case is actually about alleged adultery in the context of divorce! So the question immediately arises – why do the concepts in Briginshaw seem to hold sway in the context of workplace investigations? […]