{"id":3230,"date":"2018-08-29T09:01:54","date_gmt":"2018-08-28T23:01:54","guid":{"rendered":"https:\/\/www.wiseworkplacetraining.com.au\/2021\/09\/11\/legal-issues-when-conducting-workplace-interviews\/"},"modified":"2021-09-11T09:02:04","modified_gmt":"2021-09-10T23:02:04","slug":"legal-issues-when-conducting-workplace-interviews","status":"publish","type":"post","link":"https:\/\/www.wiseworkplacetraining.com.au\/2018\/08\/29\/legal-issues-when-conducting-workplace-interviews\/","title":{"rendered":"Legal Issues When Conducting Workplace Interviews"},"content":{"rendered":"
<\/p>\n
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.<\/p>\n
In order to obtain relevant and reliable information from the parties involved, good communication skills, an eye for detail and the ability to think on your feet is required. However, it is equally important to remember your legal obligations when interviewing staff.<\/p>\n
In conducting an interview process, key legal issues include:<\/p>\n
Perhaps the most important aspect of any workplace interview is ensuring that the process is conducted in accordance with the rules of procedural fairness. This includes:<\/p>\n
All parties involved in the investigation are entitled to privacy. Witnesses who have disclosed information in confidence, may be intimidated by the fear of victimisation or backlash. This means that information divulged during the interview process is to be kept strictly confidential, unless it is absolutely necessary for the resolution of the dispute that it be shared beyond the immediate investigative team.<\/p>\n
In addition to taking the above steps, inexperienced interviewers may wish to consider obtaining specific legal advice, depending on the situation and the allegations which have been made.<\/p>\n
The interview process should always be undertaken from the perspective that only information which is collected fairly and decisions which are made in an unbiased manner will support disciplinary or administrative action against any employee.<\/p>\n
If you dismiss an employee or take disciplinary action against them without affording procedural fairness and establishing the relevant facts, it is possible that Fair Work Australia or other relevant tribunals may find the action was harsh, unjust or unreasonable in the circumstances.<\/p>\n
An investigation may be costly and time consuming, however the consequences of not conducting one may be even greater. If you need assistance in conducting investigations and undertaking investigative interviewing, contact WISE Workplace today, or purchase our ‘Investigative Interviewing Book’.<\/p>\n