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 […]
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 […]
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? […]
In recent years, there have been a number of cases heard in the Fair Work Commission and the courts which have resulted in important practical outcomes and learnings for employers, particularly in the area of workplace bullying. Let’s take a look at some of these seminal cases. volunteers can pursue bullying claims The decision in […]
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 […]
At the conclusion of a workplace investigation, the investigator has the challenging task of pulling together all relevant material into a cohesive report. The style of report that is chosen will be firmly linked to the purpose of the investigation, keeping in mind the requirements of the readers and users of the document. Investigators […]
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 […]
In the conduct of any workplace investigation, it can sometimes be tempting to hurry past those alleged facts that appear “perfectly clear”. Such perceptions arise when we draw together two or more related elements from an investigation, add our own assumptions on the matter, and infer from this a particular conclusion. Unfortunately, such inferences almost […]
Four Steps to a Great Investigation Report By the time a workplace investigator has reached the stage of compiling the investigation report, many hours, documents and interview outcomes have no doubt accumulated. How to bring all of this together effectively into a quality report might seem quite challenging. Yet, by dividing the task of reporting into […]
When Your Risk Assessment Differs From Official Findings When something goes wrong at the worksite, business owners and managers are often left to scratch their heads not only about how the event occurred, but also about the investigative process that follows. Given that a workplace investigator is an objective third party, workplace investigation reports can […]