workplace investigation

Workplace Investigations: Tips and Traps

When to Conduct Workplace Investigations

Workplace investigations are essential for addressing serious allegations such as misconduct, bullying, or sexual harassment. It’s crucial to determine if the complaint, if proven true, would breach company policy or law. Not all complaints warrant an investigation; some may be better suited for mediation or other forms of dispute resolution, especially if they involve interpersonal disputes or trivial matters.

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Who Should Conduct Workplace Investigations

Investigations can be conducted internally or outsourced to experienced investigators. The investigator must be impartial, unbiased, and not a party to the matter. They should have the skills to listen, interview, and communicate effectively, ensuring a fact-finding mission rather than a disciplinary process.

Overview of the Investigation Process

  1. Initial Assessment: Determine if the complaint warrants an investigation based on its nature and potential breach of policy or law.
  2. Scoping: Appoint an experienced investigator and define the scope of the investigation, including the allegations, complainants, respondents, and witnesses.
  3. Evidence Gathering: Collect evidence through interviews, documents, emails, and other relevant sources. Maintain an evidence matrix to stay focused on the facts.
  4. Findings: Evaluate the evidence against each allegation and determine if they are substantiated or unsubstantiated based on the balance of probabilities.
  5. Reporting: Compile a report detailing the findings, ensuring procedural fairness and adherence to company policies.

Traps for the Inexperienced Investigator

  • Leading Questions: Avoid asking leading questions that may influence the responses of witnesses or parties involved.
  • Witch Hunts: Avoid interviewing individuals who are not directly related to the allegations.
  • Lack of Support: Ensure all parties involved receive adequate support, including access to employee assistance programs.
  • Bias and Impartiality: Maintain independence and impartiality throughout the investigation process.

How Harrisons Can Help

Harrisons offers comprehensive services to assist with workplace investigations, including:

  • Training: We train managers on conducting effective investigations.
  • Outsourcing: You can outsource your investigations, mediations, and complaints to our experienced team.
  • Policy Development: We help develop policies, procedures, and codes of conduct tailored to your organisation.
  • Support Services: We provide support for managing complaints processes and contact officers, ensuring compliance and reducing litigation risks.

For more information or assistance, feel free to reach out to us on LinkedIn or call 1300 001 447.

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