Workplace Investigation getting it right for first time every time – Recently an article appeared in the Brisbane times that alleged that a cadet journalist was dismissed unfairly, the headline reading – ‘This is disgusting’: Seven Network under fire after cadet dismissed”Link to article

Please note, this post is based on the information contained in the article no judgement is made on the validity of the content and to our knowledge the allegation made against Channel Seven have not been tested. Channel Seven has since denied the allegations and the matter was settled out of Court in February.

This article considers the general principals of procedural fairness. regardless of whether or not Channel Seven did the right things here are some tips about procedural fairness in dealing with misconduct matters.

Some of the issues raised in the article included;
“When Ms Taeuber asked for the statement of the person making the allegations of bullying against her, the HR manager said: “OK, so how do we want to plan your exit, Amy? I do understand that we don’t want to make it humiliating for you.”

This may fall under the FWA procedural fairness guideline – the right to know

The right to know is referenced in the Fair Work Act 2009 – s387 – Criteria for considering harshness etc.

In considering whether it is satisfied that a dismissal was harsh, unjust or unreasonable, the FWC must take into account;

s387 (b) whether the person was notified of the reason for the allegation of misconduct.

It is important that a person accused of wrongdoing or misconduct has the right to know what it is alleged that they have done. This should be done at the earliest possible opportunity in as much detail as is reasonable.

The right be heard or to respond to an allegation/complaint or performance issue is referenced in the Fair Work Act 2009 – s387 – criteria for considering harshness etc.

In considering whether it is satisfied that a dismissal was harsh, unjust or unreasonable, the FWC must take into account:

s387 (C)  whether the person was given an opportunity to respond to any reason related to the capacity or conduct of the person

When a complaint or allegation is made against an employee or that an employee’s behaviour or performance is unsatisfactory, that employee has the right to respond or put their side of the story or version of events forward.

In the case of a complaint or allegation, after the employee has been advised of the issue they must be given sufficient time to consider the complaint before being asked to respond. The time will depend on the seriousness and perhaps the number of issues. We recommend putting yourself in their place and provide sufficient time.

The article also stated that;

“The audio recording puts a spotlight on Seven’s treatment of its employees. Early in the meeting, the HR manager had ordered Ms Taeuber’s support person, chief of staff Lesley Johns, leave the room. When Ms Johns began to protest, she was cut off.”

This may fall under the FWA procedural fairness guideline – the right to have a support person present

The right to have a support present during interviews that may result in disciplinary action being taken against the employee is referenced in the Fair Work Act 2009 – s387 – Criteria for considering harshness etc.

In considering whether it is satisfied that a dismissal was harsh, unjust or unreasonable, the FWC must take into account:

s387 (d) any unreasonable refusal by the employer to allow the person to have a support person present to assist at any discussions relating to dismissal

Workplace Investigation getting it right for first time every time – The investigation into workplace misconduct and complaints requires experience and expertise in understanding of the process, investigative interviewing, procedural fairness, the rules of evidence and relevant legislation. If you don’t have this or the time to conduct a thorough investigation we recommend one of three options;

  1. Call an expert – http://awpti.com.au/ or contact us on 02 9674 4279 or enquiries@awpti.com.au
  2. Get some training, we highly recommend – http://awpti.com.au/investigation-training/
  3. If you still want to ‘Do it Yourself’ without training we have a number of products that can assist – http://awpti.com.au/hr-products/

Don’t take the risk of getting in wrong, it can be costly.

AWPTI – Workplace training Sydney and through-out NSW and national wide
Misconduct training, bullying training, harassment training & sexual harassment training, dispute & grievance resolution training, management training.

http://awpti.com.au/training/

workplace training Sydney, workplace training NSW, workplace training QLD, workplace training Victoria, misconduct training, bullying training Sydney, Workplace training harassment, sexual harassment training, grievance training, management training

The author Phil O’Brien is a highly experienced and skilled workplace investigator and trainer who can take the stress out of conducting workplace investigations into bullying, harassment, sexual harassment, discrimination and other forms of misconduct.

This is general information only. It does not replace advice from a qualified workplace investigator in your state or territory.  It is recommended that should you encounter issues in the workplace that you seek advice from suitability qualified and experienced workplace investigators.

This is general information only. It does not replace advice from a qualified legal professional or workplace investigator in your state or territory.  It is recommended that should you encounter issues in the workplace that you seek advice from suitability qualified and experienced legal professional or workplace investigators.

Complaint & Misconduct Investigation Training Sydney

AWPTI will be conducting basic Complaint and Misconduct Investigation Training for HR professionals, managers and business owners in the Sydney CBD on 26 & 27 September 2017.

Why do HR professionals, managers and business owners need to have an understanding of how to deal with complaints and misconduct in the workplace?

  • As a HR professional,  manager or business owner you may be the first port of call for someone making a complaint
  • As a HR professional,  manager or business owner you may be the person that becomes aware of employee misconduct
  • It is important that you deal with misconduct and/or receive complaints in a proper manner and take some sort of action
  • Types of action can include
    • Informal enquiries
    • Formal investigation
    • Dispute resolution
  • Before you take any action, it is important to understand what the complaint is
  • Failure to act could result in a breach of a duty of care and a claim of negligence or successful unfair dismissal application by terminated employees

We have designed a course specifically for HR professionals, managers and business owners to help them understand the process and the legalities such as reasonable management action, performance management, procedural fairness, conflict of interest, bias and unfair dismissal.

This course is insurance for your business.

Details

When: Tuesday 26 & Wednesday 27 September, 9am to 4pm
Where: The University of Notre Dame Sydney, Pioneer House 140 Broadway Sydney
How to get there: 10 minute walk from central railway or park in the Broadway shopping centre, 1 Bay Street Broadway (Link)

Cost:
$1250.00, also includes
* The comprehensive resource/workbook.
* Templates investigation documents including letters to parties, interview plans and scripts, investigation plans and statement templates
* The AWPTI Investigation Interview and Procedural Fairness Manuals
* Lunch, morning tea both days

BONUS: 4 staff members for the price of 3.

Please note – Places are limited

Enquiries and further details

enquiries@awpti.com.au

Course details

    • Reasonable management Action
    • Types of complaints – definitions of bullying, harassment, sexual harassment and discrimination
    • Why do managers and business owners get complaints
    • Performance management to avoid complaints
    • Dealing with misconduct & complaint handling
    • Investigation fundamentals
    • Planning investigations
    • The Complaint Analysis Chart
    • Interview room set up & building rapport
    • Types of questions to ask and not to ask
    • Interview planning
    • Interviewing complainants and witnesses
    • Evidence
    • Drafting legally complaint allegations
    • Interviewing respondents
    • Making findings
    • Report writing
    • The Investigation toolbox
    • Legal responsibilities
  • The course includes role plays with facilitators and actors playing the parts of complainants, witnesses and alleged perpetrators
  • This course provides participants with:
    • Practical skills to enable HR professionals, managers and business owners to investigate misconduct and employee complaints in the workplace and to understand and identify the type of complaint and to access the best method to deal with the complaint
    • The opportunity to hear and discuss real investigations
    • The opportunity to analyse scenarios to develop skills to identify issue and formulate interview plans
    • The opportunity to develop and practice their interviewing skills by interviewing actors in the roles of complainants, witnesses and respondents
    • Feedback on their interviews and tips and tactics from professional investigators.

AWPTI – Workplace training Sydney and through-out NSW and national wide
Misconduct training, bullying training, harassment training & sexual harassment training, dispute & grievance resolution training, management training

www.awpti.com.au

Workplace Investigator – Why you should have a trusted one on speed dial.

Workplace Investigator – Having a relationship with a workplace investigator that can provide your organisation with benefits when it comes to;

Priority

Complaints, grievances and allegations of misconduct are stressful for everyone, the parties involved and the organisation.  You need to have these matters investigated in a timely and professional manner.  In addition to the disruption to the workplace, courts and tribunal have criticised organisations for workplace investigations that were not carried out in a timely manner.

Having a relationship with a qualified and experienced Workplace Investigator will generally see you being given priority.  Recently I conducted interviews with 1 day of receiving instructions and interviewed some of the parties on a Saturday morning.

Quality

Most organisations don’t have to deal with complaints, grievances and allegations of misconduct on an everyday basis, so in most cases when they engage an external investigator they really don’t know what they are getting.

When issues arise organisations usually have two choices when they decide to outsource;
(1) Go to Google – If you choose a workplace investigator or investigation company from the front page of Google, does that mean you are picking a good investigator or just one that has spent money on SEO or Ad Words?

(2) Engage someone you know, someone you trust, someone you have at least met and discussed your needs with, someone whose background, experience and qualifications you have reviewed.

In relation to Google, Australian Workplace Training & Investigation (AWPTI) ranks highly on Google in a number of investigation and training categories, I haven’t spend a cent of SEO, however I do publish a lot of interesting and I think helpful material via my website blog page http://awpti.com.au/blog/ and via LinkedIn https://www.linkedin.com/in/philobrien1/ (if we are not connect, please feel free to send me a request).

I am always open to meeting with organisations to discuss how I can assist them with a view to developing an on-going relationship.

Cost

While I cannot speak for others, I provide special rates for my on-going clients.  It’s worth noting that I have observed, the bigger the investigation company, the more they charge and cost is not actually an indication of quality.

Advise to businesses

If you don’t have a relationship with a qualified and experienced workplace investigator take the time to meet with and get to know one, it could save you a lot of time, stress and money in the long run.

Please feel free to download my professional profile – Professional Profile Phi O’Brien

AWPTI – workplace investigation Sydney and through-out NSW, QLD and Victoria. Workplace training national wide
Misconduct investigations, bullying investigations, harassment investigations & sexual harassment investigations, complaint investigations, grievance investigations, discrimination investigations

www.awpti.com.au
http://awpti.com.au/investigations/

Procedural Fairness – Workplace Investigation Procedural Fairness – Workplace Investigation – When conducting any misconduct workplace investigation, grievance investigation, performance management or any other disciplinary process it is vitally important that employers ensure that employees involved at afforded procedural fairness. Many unfair dismissal applications are successful at the Fair Work Commission due to the absence […]

Anti-bullying laws disciplinary process

Anti-bullying laws disciplinary process – Anti-bullying laws might be used by employees facing a potentially adverse disciplinary process to delay or halt it.

Anti-bullying vs disciplinary process: Fair Work Commission asked to find the balance

A recent Fair Work Commission case demonstrated an inventive way in which the FWC’s anti-bullying jurisdiction can be used by employees facing disciplinary proceedings. It may have opened a can of worms for employers.

In Lynette Bayly [2017] FWC 1886, the FWC issued an interim order preventing her employer from taking any further actions to finalise an investigation into the conduct of an employee or to impose any disciplinary sanction on the employee arising from the investigation or to terminate the employment of the employee.

Ms Bayly had made a section 789FF “stop bullying” application to the Commission alleging she had been subject to bullying at work.  The alleged bullying included the investigation by the employer into her conduct.

Despite the application, the employer continued the investigation and, as part of that process, advised her that draft findings had been made. Ms Bayly was then stood down and directed to attend a meeting to give her response to the draft findings. The investigation would then be concluded and any disciplinary outcomes of the investigation determined.

Ms Bayly’s lawyers wrote to the employer indicating she was unfit for work for a period that extended beyond the date of the proposed meeting.  They sought agreement from the employer that it would not require her to provide a response, attend a meeting or impose any disciplinary sanction in relation of the allegations under investigation.  The employer declined, confirming its intention to proceed with the disciplinary process.

As a result Ms Bayly sought an interim order from the Commission preventing her employer from continuing with the investigation, or from taking any disciplinary action arising from it, pending the determination of the substantive bullying claim.  The interim order was sought under section 589(2) of the Fair Work Act which is in the following (simple) terms:

“The FWC may make an interim decision in relation to a matter before it.”

Can the interim order be made under these circumstances?

The employer opposed the interim order:

  • Ms Bayly had not provided a substantive response to the investigation;
  • the investigation was being conducted in a “reasonable manner”;
  • any interim order made by the Commission in the exercise of its anti-bullying jurisdiction must be directed towards preventing a worker from being bullied at work;
  • the draft findings of the investigation are adverse to Ms Bayly; and
  • if Ms Bayly were to be dismissed, she has other remedies available to her.

The employer claimed that the Commission was being asked to prospectively injunct the employer from dismissing the employee. As stated in the judgment,

 “That is, to essentially use the anti-bullying jurisdiction to step in and prevent a possible adverse action, without consideration as to whether that dismissal is justified.  The orders sought go beyond what would ordinarily be available in relation to an anti-bullying application and should not be made.”

It did not, however, say that the Commission had no power to make the order.

Commissioner Hampton started from the basis that he could only make an interim order if there is a serious issue to be tried and after determining where “the balance of convenience” lies. He then observed:

It also appears to me that the consideration of the prima facie case and the balance of convenience must be assessed having regard to the nature of the substantive application, the jurisdictional context in which the application is being considered, and the circumstances of the parties.

In a matter such as this, I also consider that the nature of the remedy provisions of s. 789FF of the Act [the anti-bullying provisions] should inform the consideration of the request for interim orders and the nature of any discretion to be exercised.  However, the purpose of the interim orders, including to preserve the capacity to advance the substantive application in appropriate circumstances, must also be considered.”

Should the interim order be made?

The next issue was looking at the particular circumstances of this case. The Commission took into consideration:

  • claims made in the substantive anti-bullying application about the retrospectivity of the conduct allegations;
  • the fact preliminary adverse findings had been reached against Ms Bayly;
  • Ms Bayly’s medical condition;
  • concerns expressed about the employer’s process and stated intention to finalise the investigation and make a decision on disciplinary action which could include dismissal of employment.

Commissioner Hampton was satisfied

“… that the s. 789FC application [the anti-bullying provision] has prima facie merit and there is sufficient likelihood of success to justify the preservation of the status quo pending further consideration and determination of the substantive matter by the Commission.  The allegations made by [the employee], if ultimately supported by evidence, would be grounds to support a finding that there was reported unreasonable conduct whilst she was at work within the meaning of s. 789FD of the Act.  Adopting the same caveat, those circumstances would also suggest that a relevant risk to health and safety arose.” 

Interestingly, a key aspect of the anti-bullying jurisdiction ‒ that no orders can be made once the employment relationship is at an end (except in very limited circumstances) ‒ was identified as,

“…a significant factor directly relevant to the balance of convenience and the exercise of any discretion”.

Commissioner Hampton recognised that circumstances might change the balance of convenience, so the interim orders might need to be reviewed.

How does this affect future disciplinary proceedings?

This decision is an interesting and concerning development, one that should be watched carefully by employers. It may well be a warning of what is to come for employers undertaking investigations and disciplinary processes.

The interim order has effectively halted (for the time being) the employer’s disciplinary process. The likely next step is the resolution of the substantive bullying claim.

Does this mean employers and employees will be in a race to the court if there is a potentially adverse disciplinary process? Commissioner Hampton did have some general words of caution for employees (or their representatives):

“given the scheme of the Act, interim orders of the nature being considered here would not be issued lightly.  The direct intervention of the Commission at such an early stage of proceedings should be exercised with considerable caution.  Further, the mere indication that a disciplinary process was involved in the complaints of workplace bullying, without much more, is unlikely to trigger the balance of convenience for such action.  Of course, each application must be considered in its own right and circumstances. 

As [the employer] contended, the Commission should be alert as to the undesirability of permitting the anti-bullying jurisdiction to simply be used to circumvent reasonable disciplinary action and its consequences.  In this case, there are some particular circumstances that have justified the making of the interim order.”

Notwithstanding Commissioner Hampton’s words of caution, it would not be surprising to see many applications of this kind in the context of disciplinary proceedings.

To put themselves in the best position to defend such applications employers should;

  • ensure any investigation is conducted fairly and objectively and does not, in the way it is undertaken, of itself constitute bullying (ie. it is “reasonable management action carried out in a reasonable manner”);
  • Consider out-sourcing bullying investigations to suitably qualified and experienced investigators.
  • Be able to demonstrate adverse consequences if a disciplinary proceeding is delayed by the making of such an interim order (including impact on other staff in the organisation and the integrity and efficacy of disciplinary processes).

Australian Workplace Training and Investigation can assist with professional and timely investigations of workplace issues such a bullying, harassment, sexual harassment, discrimination and other areas of misconduct such as Code of Conduct breaches, IT and email misuse, theft and fraud, please contact us if you require assistance on 02 9674 4279 or enquiries@awpti.com.au

AWPTI – workplace investigations Sydney and through-out NSW, QLD and Victoria. Workplace training national wide
Misconduct investigations, bullying investigations, harassment investigations & sexual harassment investigations, complaint investigations, grievance investigations

Anti-bullying laws disciplinary process

www.awpti.com.au
http://awpti.com.au/investigations/

The author Phil O’Brien is a highly experienced and skilled workplace investigator and trainer who can take the stress out of conducting workplace investigations into bullying, harassment, sexual harassment, discrimination and other forms of misconduct.

You can contact me on 02 9674 4279 or phil@awpti.com.au

This is general information only. It does not replace advice from a qualified workplace investigator in your state or territory.  It is recommended that should you encounter complaints in the workplace that you seek advice from suitability qualified and experienced workplace investigators.

Anti-bullying laws disciplinary process

Workplace Bullying Training Sydney NSW

Workplace Bullying Training Sydney NSW – AWPTI can assist you by providing engaging and informative workplace training courses that address workplace bullying.

Incidents and complaints of bullying in the workplace are commonplace and it is recommended that employees respond in a timely and professional manner. Employers have a duty of care to provide a workplace that is free from bullying. Having effective and up to date training in place can assist you to satisfy your duty of care.

Workplace bullying is any behaviour that is repeated, systematic and directed towards an employee or group of employees that a reasonable person, having regard to the circumstances, would expect to victimise, humiliate, undermine, or threaten and which creates a risk to health and safety.

COURSE AIMS

The session aims to provide practical skills to help enable your staff and managers to recognise what is and what is not workplace bullying and to offer strategies to deal with bullying in the workplace.

The session will also provide participants with information to understand what is and what is not workplace reasonable management action.

LEARNING OUTCOMES

At the end of the workshop participants should be able to:

  • Understand and identify what is and what is not bullying in the workplace
  • Understand and identify what is and what is not reasonable management action
  • To gain an insight in to why people bully and what you can do about it
  • Provide examples of workplace bullying.
  • Understand the legal ramifications of bullying in the workplace

The course is divided in six parts;

Part One: What is workplace bullying

Part Two: What is reasonable management action

Part Three: What should you do

Part Four: Behaviours in the workplace

Part Five: Power Emotion and Self Control

Part Six: Legal Responsibilities

The course can be run and a time and location to suit you and your employees, a method preferred by a number of our clients is to run it as a ‘Lunch & Learn’ session.

AWPTI can also assist you with training sessions that address Workplace harassment, sexual harassment and discrimination. Check out our blog and other pages for more information about workplace bullying and how we can assist with bullying investigations –  http://awpti.com.au/investigations/

If you would like more details, please contact us – enquiries@awpti.com.au

AWPTI – Workplace training Sydney and through-out NSW  and national wide, interesting and informative Workplace training courses
Misconduct training, bullying training, harassment training & sexual harassment training

www.awpti.com.au

 

Busted – Myths workplace bullying

Busted – Myths workplace bullying – Instances of bullying in the workplace are an issue for many employers at some point especially if not managed correctly it can be very costly.  However a lot of the advice and suggestions for dealing with bullying while well-meaning simply do not work.

Let’s have a look at some of the common myths

Myth: You can eliminate bullying in the workplace.

Fact: Bullying is a human behaviour from the playground to the workplace bullies exist.  Is it unrealistic to believe bullying in a workplace can be completely eliminated but there are things you can do, some are effective, some are not.

What employers must ensure that they do is take ‘reasonable steps’ to stop or prevent bullying.

Myth: Having well written policies will stop workplace bullying.

Fact: Bullies ignore bullying policies, if they didn’t, they wouldn’t be a bully.

The well written policy helps to protect the employer should an alleged bullied employee make a negligence claim with regard to a breach of duty to maintain a safe workplace.

A well written policy is part of the ‘taking all reasonable steps’ defence and one of the first questions asked in a court of commission is “can you produce your bullying or workplace behaviour policy”

Not having a policy is a huge mistake, but a policy is not the be all and end all of an employer’s responsibility.

 

Myth: Conducting regular reviews on any anti-bullying related policies will help.

Fact: See above and again useful when arguing the ‘taking all reasonable steps’ defence.

 

Myth: Communicate anti-bullying policies to all employees to emphasise that compliance is required.

Fact: That works well for those who are not bullies but again is ignored by the bullies.

Of course it does add to the ‘taking all reasonable steps’ defence when an employer is asked, “what have you done?”

 

Myth: Providing information and training to all employees about bullying will reduce bullying

Fact: That’s bit like saying publicising speed limits will reduce speeding when we all know that a speed camera or marked Highway Patrol car reduces speeding.

While this information and training may be ignored by the bullies it is a good opportunity to clearly define bullying and what is unacceptable conduct.

This works best if you are very clear about the repercussions for those who bully.

Make sure that there is accountability of attendance in the case of face to face training (my preferred method) or completion if it is online.

If a complaint is made having evidence that the bully attended training is very useful when it comes to taking disciplinary action and of course it also add to the ‘taking all reasonable steps’ defence.

So far most of the suggestions that I have seen may help to cover the employer but actually have little effect of the prevalence of bullying in the workplace.

 

Myth:  Having a policy that states something like “in the first instance speak to the person bullying you and tell them how they are making you feel”.

Fact: Really, come on, not going to happen.

What you need is;

  • A trusted HR department or person that employees being bullied can come to and discuss the situation, seek help and get it
  • A trusted mechanism through which employees are able to make a complaint and know that action will be taken
  • An effective method of dealing with and investigating complaints
  • Trained HR professionals who can undertake a timely and efficient investigation or
  • A professional workplace investigator on speed dial (My number is below)

 

Myth:  The bully’s often aggressive persona and attitude makes them hard to deal with when trying to investigate complaints.

Fact: Workplace bullies like the feeling of power and will often try to ‘Lord it over’ and intimidate HR professionals.

In many cases I have been told by HR managers who have engaged me to conduct investigations that the perpetrator will be aggressive and difficult to deal with.  It’s funny how when I interview them in a formal manner they are often the opposite, often nervous, compliant and timid when they are out of their comfort zone and not able to flex their bullying muscles.

When bullies know that an employer is going to deal with them in a professional and formal manner the word gets out that bullying will not be tolerated and bullies will be dealt with.

Many workplace investigators are former police officers and are used to dealing with difficult people and they are not easily intimidated.

We refer to workplace investigations as the dark side of HR, as a manager or HR professional if you don’t want to walk on the dark side, call in an expert and save yourself the stress and know that we get it right the first time.

AWPTI – workplace investigations Sydney and through-out NSW, QLD and Victoria. Workplace training national wide
Misconduct investigations, bullying investigations, harassment investigations & sexual harassment investigations

www.awpti.com.au
http://awpti.com.au/investigations/

This is general information only. It does not replace advice from a qualified workplace investigator in your state or territory.  It is recommended that should you encounter complaints in the workplace that you seek advice from suitability qualified and experienced workplace investigators.

Workplace complaint investigations Sydney – do it yourself or call an expert?

Workplace complaint investigations Sydney- You don’t have to be Sherlock Holmes to conduct a workplace investigation, however as a manager you may be the first port of call for someone making a complaint and it is important that you receive the complaint in a proper manner and take some sort of action, the types of action can include

  • Informal enquiries
  • Formal investigation
  • Dispute resolution

Before you take any action it is important to understand what the complaint is about and remember failure to take action could result in a breach of a duty of care and a claim of negligence.

As a manager if you have receive a serious complaint. You must decide whether or not to investigate.  While an investigation may be costly and time-consuming; it is likely the cost of NOT conducting one could be substantially greater.

If you dismiss or take disciplinary action against an employee without having properly investigated the incident and establishing relevant facts; it is possible that the Fair Work Commission, Tribunals or Courts could find that the dismissal or disciplinary actions were harsh, unjust or unreasonable and remedies at law could be applied.

If an employer fails to investigate a workplace complaint/incident the following may result:

  • The potential for action under the Work Health and Safety Act for any subsequent injury or illness suffered by the complainant.
  • An inability to defend a legal claim by an employee due to lack of evidence.
  • Being found vicariously liable for the actions of an employee (e.g. “reasonable steps” defence).
  • May give rise to potential penalties under the new Fair Work Act amendments – eg: the commission will be required to take into account what actions the employer took in response to original complaint.
  • Being unable to show circumstances of mitigation to a court or tribunal in response to a legal claim.
  • Failing to meet relevant duty of care to employees.
  • Being subjected to adverse and/or damaging publicity.
  • The loss of, or inability to attract, good employees – creates a poor work culture, (i.e. perception of employer incompetence).
  • Engage and expert or ‘do it yourself’?

Workplace complaint investigations – important considerations

Do we have someone with the necessary expertise and experience to conduct an investigation?

Do we have the time to undertake an investigation which could take between four to six weeks?

If the employer is going to conduct an internal investigation or enquiry does the person/s nominated:

  • Have solid experience conducting investigations?
  • Have solid experience conducting investigative interviews?
  • Have a full understanding of the rules of evidence?
  • Have an understanding of procedural fairness?
  • Have an understanding of current legislation as it relates to workplace complaints such as misconduct, bullying, harassment, sexual harassment and discrimination?
  • Have experience making finding and recommendations and writing reports that will withstand the scrutiny of an industrial commission, the  Fair Work Commission or a court.

A common sense rule is that if you are not sure about what to do or how to do it or if you can do it properly or if you have the time to do it, call an expert, get some advice, the peace of mind that comes from having a professional investigator handle the issues for you is…….Priceless, really its elementary!

AWPTI – workplace investigations Sydney and through-out NSW, QLD and Victoria. Workplace training national wide
Misconduct investigations, bullying investigations, harassment investigations & sexual harassment investigations, workplace complaint investigation Sydney

www.awpti.com.au
http://awpti.com.au/investigations/

workplace complaint investigation Sydney