Workplace Investigations investigator bias
Workplace Investigations investigator bias – A finding of investigator bias in a workplace investigation can derail the entire investigation and any finding that the investigator may have arrived at.
It many also cause a dismissal based on the findings of the investigation to be unsound and found to be lacking in fairness failing to establish the valid reason for dismissal.
A bias can be defined as’
“An inclination or prejudice for or against one person or group, especially in a way considered to be unfair.”
It can be: Actual, Perceived or Potential
It is important to not only to approach the investigation in an unbiased manner but also be seen to do so.
Examples of Workplace Investigations investigator bias may include:
Confirmation bias – only seeking out evidence/information that supports one position or idea
This is really an example of poor or lazy investigation practice and should be avoided. It is important during a workplace investigation to pursue all investigation avenues and gather all the evidence.
Halo effect – How your overall impression of the person effects how you feel about his/her Character
This form of bias can be inherent in the investigator especially internal investigators who may know the parties involved in the complaint or misconduct and may have dealt with them in the past, many organisation have their ‘frequent flyers’
In this case the complainant or respondent may seek to create the halo effect with you to enhance their position and perhaps hopefully that you will believe them or take their part.
Another form of the Halo effect is where at times a complainant or respondent may seek to create the halo effect with you.
I hear people scratching their heads thinking, what is he talking about?
As an external investigator like many others professionals I have my LinkedIn profile and my website that contains various information about me, past jobs and companies, university details etc.
There have been occasions where complainants or respondents have looked me up and found that we have had something in common such have having gone to the same university or worked in the same or similar professionals and they have raised this during their interview in the hope of making a connection that could potentially advantage them.
How do you deal with this?
A simple acknowledgement of the fact but don’t buy into it. Don’t have a discussion just move on and base the outcome of the investigation and your findings on the evidence and the evidence only.
Self-serving – Taking the path of least resistance
Once again lazy or poor investigation practice that may come from not having had training in best practice workplace investigations.
Stereotyping – Making an irrelevant judgment on the Person
Your finding must be based on evidence and evidence only.
Preference – Do I like the person
Again this can be a problem for internal investigators who may know the parties involved in the complaint and may have dealt with them before, many organisation have their ‘frequent flyers’
What to do?
This article provides more advice on how deal with actual, perceived or potential biases that an investigator could face during a workplace investigation.
Responding to bias
Responding to anyl biases when they occur is important. It is important before commencing the investigation as ask you self the following questions
- Do I have any of the any of the above biases either actual or potential
- Could I be perceived as having any of the above biases
While you can determine if you have an actual or potential bias, the perception of the bias may be something that you don’t have control over.
These are some of the ways a bias can be addressed:
Managing potential bias you may have;
- Be aware of the potential for bias
- Disclose any potential or a perceived bias before the investigation commences
- Quarantine any potential bias or personal feeling from the investigation
- If you can’t then remove yourself from the investigation, consider having someone else conduct the investigation or outsource it, if you need help contact me for Workplace Investigation services, click the link for details
- If you are going to continue, keep an open mind when analysing complaints, drafting interview plans and conducting interviews
- Ensure that you adhere to best practice investigation processes – Not sure contact me to undertake Conducting Workplace Investigation training, click the link for more details
- Based you investigation and findings on evidence and evidence only
- Document everything
- Distance yourself from the final decision making process
If in doubt get help and or get training – www,awpti.com.au
