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 […]
Fraud is enormously detrimental to Australian organisations, with KPMG putting the average cost of each case in 2015 at $1.4 million. There can be a number of reasons why an employee commits fraud, such as personal financial pressures, personality traits, rationalisation, and opportunity. Since it’s fairly impossible to control other people’s personalities, thoughts and […]
When it comes to workplace fraud, it can be tempting to boil down the cause into simplistic statements, such as saying the fraudster was just “greedy and dishonest.” But of course things are generally not quite that simple, and just as plane crashes usually require at least two or three things to go wrong, in […]
Developing the skills to ask the right questions in any investigative interview or investigation is often a long and arduous journey peppered by mistakes that are only discovered when a case cannot be prosecuted or a decision upheld. Attempting to fast track this learning is the desire of all managers and practitioners. However, traditional learning […]
In the recent case of Colin Wright v AGL Loy Lang, the full bench of the Fair Work Commission (FWC) was faced with an interesting conundrum – could the criminal law Pfitzner principle be legitimately applied to a civil matter? With the original decision on the point being in the negative, the appeal bench […]
We’re all guilty of it: we ask a question that we don’t really expect to be answered in full. We’ve been socialised to do this; “how’s it going?” really means “I see you.” The usual answer “good” completes the interaction, but often isn’t even true! Investigators have to learn to listen. And listening well means […]
Sometimes you just can’t or shouldn’t conduct a misconduct investigation in-house. Where there are conflicts of interest or specialist skills required, organisations may be best suited to engaging the services of a private provider to obtain the information required for the business to make the right decisions. But how do you know if the […]
In the often stormy seas of workplace investigations, the issue of investigator bias lurks in the undercurrents, a trap for the unwary employer. One of the most regular complaints we hear from people who have been the subject of an investigation is that the investigator was biased and the decision was predetermined, and they […]
Tiptoeing Through the Minefield of Raising Allegations There’s an awful lot at stake when conducting workplace investigations, and so they need to be handled with care and skill. It really is like tiptoeing through a minefield. One wrong move can cause an explosion of legal consequences that may harm your organisation. One key area of […]
When Should a Matter be Handed to Police for Investigation? Police involvement in a workplace incident is an unwelcome prospect for any organisation. It is often difficult for employers to know what matters should be reported to the police, at what stage of the process to contact the police, and how to proceed once the […]