Trauma Informed Workplace Investigation mistakes

Trauma Informed Workplace Investigation mistakes – An investigators guide of what not to do

Recently I wrote an article about best practice Trauma Informed Workplace Investigations – A guide for workplace investigators using the PEACE model – https://awpti.com.au/trauma-informed-workplace-investigations/

Having reviewed some recent investigations I think it is worthwhile to highlight some of the mistakes that I am seeing that can actually cause more trauma and stress to the victims of workplace bullying, harassment, discrimination and sexual harassment.

As I mentioned in the previous article being subjected to bullying, harassment discrimination or sexual harassment in the workplace can be a traumatic event. Reporting the incident or behaviour and recounting events to a manager or HR can add to the trauma. Participating in an investigation can further traumatise the victim.

While the job of the workplace investigator is to gather evidence, come to a finding and make recommendations, it is also paramount that the investigator does not make matters worse.

The part of the investigation that directly effects the complainant (victim) and can add to the trauma is the interview. Victims rarely get an insight into the complaint analysis, investigation and interview planning stages however it is vitally important that these stages are carefully and professional carried out.

It is important to remember that while professional investigators are full time, there also many that are part time and by that I mean is that investigations are part of their business such as HR consultants who provide many other services (I recently saw a website that had a laundry list of services including investigations) and there are also many HR professionals within organisations, many of these people might do a very limited number of investigations in a year.

To all, my suggestion is get training.  I offer 1, 2 or day training courses in best practice workplace  investigations – Details click here 

Trauma Informed Workplace Investigations mistakes – Here are mistakes I am constantly seeing;

During the planning stage
• Lack of a careful and thorough analysis of the complaint which leads to the investigator not being able conduct a fair and professional interview
• Making judgements on the complaints and forming opinions before the interview
• Making assumptions about what the victim is saying in the complaint
• Placing the investigators own values on what the victim is saying

All of this will lead to a poor interview plan

During the engagement stage of the interview
• The investigator being to forceful and ridged when meeting the victim/interviewee and not doing all that they can to put the victim/interviewee at ease
• Not being flexible in relation to the interview venue, timing and interview room set up

During the account phase of the interview
• The investigator talking too much and not allowing the interviewee to talk
• Interrupting in many cases I see constant interrupting.
• The investigator saying something like “I just want to stop you there” when the interviewee is in mid explanation, that suggests that the investigator is not interested in what the interviewee are saying or his/her questions are more importance than what the interviewee is saying, this will undermine their confidence in you, in the interview and in the process.
• Making the victim feel that the investigator does not believe them
• Asking judgmental questions
• Not having an open mind, not accepting what the interviewee saying, the time for gathering further evidence and analysis is later not during the interview.
• Investigator bias including;

o Confirmation bias – only seeking out evidence/information that supports one position or idea
o Halo effect – How your overall impression of the person effects how you feel about his/her Character
o Self-serving – Taking the path of least resistance
o Stereotyping – Making an irrelevant judgment on the Person
o Preference – Do I like the person

What can investigator’s do to 

To ensure that as an investigator you don’t make these mistakes it is important you use best practice investigation technique – I offer 1, 2 or day training courses in best practice workplace  investigations – Details click here 

For employers

You have a duty of care to your employees during a workplace invesigation. You must ensure the following:

If you are engaging an external investigator make sure that;

• The investigator is a professional with relevant qualifications, licence and experience.
• That investigations are their focus not part of a wide range of services

If you are going to conduct the investigation internally make sure that the person tasked has:

• The necessary expertise to conduct an investigation/enquiry or dispute resolution intervention?
• Sufficient experience in conducting an investigation
• The time to manage this internally
• Solid experience conducting investigative interviews?
• A full understanding of the rules of evidence?
• An understanding of procedural fairness?
• An understanding of current legislation as it relates to workplace complaints such as bullying, harassment and discrimination
• The experience conducting investigations and drafting reports that will withstand the scrutiny of an industrial commission or Fair Work Australia

Do we want the stress of handling this internally?

Need help – Contact me – phil@awpti.com.au or on 0409 078 322

Workplace investigations – You must get it right the first time every time