When determining what led to a certain set of events or making an important decision, it is essential for investigators and decision makers to have regard to an objective standard. In trying to get to the bottom of a situation or establishing an appropriate course of action, relying on the ‘reasonable person’ ensures that […]
When conducting investigations or otherwise making determinations in the workplace, it is essential to avoid bias, whether conscious or unconscious. It is equally important to avoid a situation where co-workers believe decisions made in the workplace are biased – whether real or perceived. What is unconscious bias? Unconscious bias may take a number of […]
As any HR manager will testify, conducting workplace investigations is one of the most important but vexed aspects of ensuring that an organisation runs smoothly. This is particularly the case when the various parties involved in an investigation are putting forward different versions of events – who do you know who to believe? For […]
When a workplace investigation has to be conducted, the most valuable information will generally be obtained through interviewing the staff involved in the incident and any witnesses. This information will play a critical role in determining what has happened or who or what was responsible. In order to obtain relevant and reliable information from […]
One of the most challenging and important tasks undertaken by a workplace investigator is the analysis of the evidence that has been gathered during the course of the investigation. Key questions to consider include: What evidence should be contained in the investigation report? How do I analyse what I have gathered? How does this […]
Parties involved in a workplace investigation will often wish to gain access to documents that form part of the process. A difficult question for investigators is when – or if – it will be appropriate to release particular information. The reason for the request and the nature of the information will be key considerations, […]
To any outsider, the job of investigative interviewing seems fairly straightforward – questions are asked and then answers are provided. Yet as we know, the job of interviewing parties in the course of a workplace investigation can be anything but simple. For example, the investigative interviewer must ensure procedural fairness at every step along […]
When claims of abuse in care come to light, strong emotions can arise for all concerned. It is not surprising that when an unexplained injury is uncovered, family members, care staff, and employers will want immediate answers. However, it is vital that employers maintain clear thinking and remain objective when investigating allegations of abuse […]
Should the outcome of a workplace investigation be taken on review, the integrity of the evidence, amongst other aspects, will come under scrutiny. In cases where documentary evidence is relevant, it can be valuable to present expert evidence or obtain an opinion from a document examiner. But as a recent NSW case involving document […]
In every workplace, there will eventually be a situation where an investigation needs to be carried out into an employee’s compliant or conduct. One of the most crucial aspects of conducting workplace investigations includes preparing an investigation report which can be relied upon for any future purpose, including carrying out and implementing disciplinary action […]