Workplace Investigation delays
Workplace Investigation delays – An extensive delay in a misconduct investigation was recently scrutinised by the Fair Work Commission
Detailed in this article,
“Australian court finds investigation delays themselves may constitute adverse action, even when employer has valid misconduct concerns.
A timber company’s three-month investigation delay became its biggest legal problem, despite having solid misconduct evidence against the employee.”
If there is a delay in an investigation it must be fair, reasonable and explainable. Delays in a workplace investigation can have a ripple effect causing other complaints and putting additional pressure on investigators, the parties to the investigation and the organisation.
Investigation should always be conducted in a timely and professional manner, if delays are foreseeable it is important that there is clear communication with all of the parties
Things that can delay internal investigations;
- The workload of the HR department especially the person designated to conduct the investigation
- The inexperience of the person designated to conduct the investigation
- Timing issues experienced by the person designated to conduct the investigation such as annual leave and other work commitments taking them out of the workplace such as conferences
- The person designated to conduct the investigation Leaving the organised to be replaced this can often of cause the investigation process to be reset
Time to devote to an internal investigation is often the cause of delays and in many cases the preferred option is to engage an external investigator.
Things that can delay external investigations;
- The investigator accepting the assignment without having the time to devote to it due to workload or other commitments. Organisations should always check the investigator’s availability before assigning the matter.
- The failure of the organisation to respond to requests and emails from the investigator. It is often the case that at the start of an investigation it is a four alarm fire however then the organisation takes excessive time to provide the full briefing or respond to requests or questions from the investigator
- The availability of the parties including the complainant, witnesses and the respondent to make themselves available to be interviewed. This can also be an issue for internal investigations.
Questions to ask before engaging an external investigator;
- Does the investigator have relevant qualifications, skills and experience to conduct the investigation
- Is the investigator a specialist or is workplace investigations one of the many services that they provide. For example if services such as HR management recruitment, policy development etc etc, the question that should asked is conducting workplace investigations a core of their business.
AWPTI can assist with professional investigation services – https://awpti.com.au/workplace-investigations/
AWPTI investigation process to avoid delays
The full AWPTI process is detailed here – https://awpti.com.au/workplace-investigation-process-australia/
In summary after your inquiry I will provide you with;
A template letter of engagement and Terms of Reference for you to outline the scope of the investigation, my service statement detailing my methodology and my hourly rate. I will also provide you with a signed confidentiality agreement and a copy of my professional profile.
Once you return the signed letter of engagement and Terms of Reference and as much infmrtion about the investigation matter including the complaints, emails and other documentation I will draft Initial Investigation Plan and Cost Estimate based on the information you have provided to me for your appoval. You can expect to have the complaint reviewed and the draft plan provided with 24 hours for simple complaint and up to 48 hours for more complex matters.
At this time I will usually provide you with a letter for the complainant inviting them to attend a meeting to discuss their complaint, once you have advised me that this letter has been provided I will contact the complainant and organise the interview.
The investigation with then proceed from that point to its conclusion in a timely and professional manner.
Please contact me via [email protected] or the contact page.
