How to Plan a Workplace Investigation and Why it’s Important If you are conducting either internal or external workplace investigations, it is crucial that you formulate a unique plan of action for each investigative process. No two workplace issues are the same, and a well-structured investigation plan will ensure that you account for the many […]
If you are dealing with an employee dispute, suspected misconduct or allegations of harassment and bullying in many cases it may be necessary to hire an external investigator. Utilising the services of an unbiased third party means that you can be sure your investigation will be free from personal conflict and the person in charge […]
Interviewing witnesses is a crucial part of any workplace investigation but it can sometimes be difficult to extract reliable evidence. According to the rules of evidence, hearsay, opinions and assumptions are not admissible in court and you should avoid using unsound evidence to make a decision on allegations of misconduct in the workplace. There are […]
Workplace misconduct, bullying and harassment are surprisingly common among Australian organisations. Although many problems can be managed and resolved through in house human resources and management, sometimes hiring an external investigator is the best option. A good workplace investigation follows a series of steps to ensure a fair outcome for everyone and an unbiased […]
Whether you contract an external investigator or conduct an investigation yourself, you need to record the process, document the evidence you gathered and articulate the evaluation you applied to make the findings. The Investigation Report needs to provide the decision-maker with all the relevant information to make fast, reliable decisions that won’t lead them […]
Does your team know the difference between workplace bullying and reasonable management action? Do your policies and procedures reflect the new draft Code of Practice for Preventing and Responding to Workplace Bullying? When an employee makes a complaint of workplace bullying, will your staff know how to respond, come January 2014? Ensure you are not […]
By Jo Kamira The Fair Work Commission ordered compensation to an employee dismissed for theft and other misconduct last month in a case that highlights the need for even the smallest of companies to conduct proper investigations before summarily dismissing employees. In our experience, many small business owners believe they aren’t subject to unfair […]
The respondent interview can be particularly challenging in an investigation. What may at first seem like a simple matter, often evolves into a more complex case after only the first interview. How do investigators handle some of the key issues around respondent interviews? Here are my responses to some commonly asked questions. Can you dismiss […]
When an employee is accused of doing something wrong (we call them a respondent in a workplace investigation), they may lose their job or worse, their reputation. Understandably, that can put people on the defensive. They may engage in a number of strategies to minimise the consequences – from refusing to cooperate, to outright denial […]
A sub-contractor on a construction site was instructed by a lead contractor to start drilling through a wall – despite warning signs on site that indicated the risk. He hit an electrical cable and received a massive shock. Amazingly, he lived. As the dust settled, managers of several businesses involved in the project, realising the […]