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 […]
There can be many questions, fears and insecurities that arise in the course of a workplace investigation. Experienced investigators are often asked by witnesses and other staff to divulge what has been said and by whom. This is unsurprising; after all, for one or more people their reputation and/or job could be on the line […]
All workplaces are at risk of allegations of bullying, harassment, discrimination or other claims of misconduct or inappropriate dealings. As such, all employers must be prepared to conduct investigative interviews to determine the veracity and accuracy of any allegations made against or by one or more of their employees. Apart from properly eliciting the facts, […]
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 […]
Jill McMahon – Monday, November 23, 2015 Even the simplest of workplace investigations can be a tricky balancing act. You need to consider how to investigate the matter, collect evidence and adhere to various laws, all the while having regard to employee welfare and the needs of your organisation. Strategy is a key element of […]
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 […]
Keiko Adachi v Qantas Airways Limited 12 Feb 2014. [2014] FWC 518. If you don’t want your investigation failing because you’ve stumbled into the sticky trap of “investigator bias”, take note of these lessons from Qantas in a ruling by the Fair Work Commission early this month. The FWC found in favour of the […]