Victim centric investigation approach 

Victim centric investigation approach – This recent article that highlights the definition of a victim centric investigation approach. It was noted in the article that the investigator stated, “we are taking a victim-centric approach”. https://www.hrleader.com.au/law/27705-lecturer-fired-then-reinstated-following-reverse-engineered-victim-centric-investigation

In my experience many organisations do not understand the concept of the victim centric approach. In my opinion this does not mean that the entire investigation should be totally focused on the victim only. The victim centred component of the investigation should be focused on the manner in which the investigation is planned and conducted and how the victim is interviewed and that the evidence must be gathered and analysed in an impartial manner.

A better way to describe this type of investigative approach is a Trauma Informed Workplace Investigation model.

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.

Everyone responds in different ways to the trauma of being subjected to bullying, harassment, discrimination, or sexual harassment. As an investigator you won’t know how this is affecting the individual so it is therefore vital that an investigator understands what trauma is, as well as its effects. Trauma is an emotional response to an incident that a person may find to be physically or emotionally disturbing or harmful. It can be triggered by a single or repeated incidents or even through a close connection with someone who experiences a traumatic event. This is referred to as secondary trauma.

Trauma can impact a victims ability to recall information. Memories may be inaccurate, disjointed and the person may not be able to explain the absence of information.

The final outcome of an investigation must be based on the balance of probabilities when considering all of the evidence. It appears reading the article that the recommended outcome of dismissal was the only outcome considered. It is noted that the Fair Work Act ‘Stop Sexual Harassment orders’ are designed to prevent future risk of harm to victim.

In this case it was found that there was sufficient evidence that the organisation had a valid reason for dismissal, however the dismissal was found to be harsh when the Commission took into account the overall situation. The commission found that “Haslam’s reinstatement to his former position to be an appropriate remedy for the unfair dismissal, and that it was “satisfied” that measures could be put in place to ensure that the student would feel safe on campus, and that Haslam could continue teaching on campus.” (see prevention of future harm).

Victim centric investigation approach – I recommended organisations do the following;

1. Understand what the victim centric approach is and how to conduct an investigation that is both victim centric and impartial based on evidence.

2. Ensure that anyone conducting an investigation into workplace sexual harassment is fully conversant with point #1.

3. Ensure that all staff a fully trained and aware of the definition of workplace sexual harassment and how their behaviour could be construed as workplace sexual harassment Having regard to the test under Section 28A of the Sex Discrimination Act ‘that reasonable person having regard to the circumstances would have anticipated the possibility that the person harassed would feel offended humiliated or intimidated.’

Please contact me if I can be of any assistance in helping you or your employees with training to understand the points above and potentially avoiding unfair dismissal hearings at the Fair Work Commission or sexual harassment complaints potentially involving a breach of the positive duty at the Australian Human Rights Commission.

Links to
Trauma Informed Workplace Investigation training

Conducting Workplace Investigations Full Course (highly recommended, best option for organisations)

Conducting Workplace Investigations Open full course (highly recommended, best option for individuals)

 Understanding Sexual Harassment in the workplace Employee, Managers or 1:1 versions