Conducting Workplace Investigations the Right Way
Workplace investigations can make headlines for all the wrong reasons.
Everyone has heard stories about “bad" companies — ones where issues that should have been addressed, were not.
When and where things went wrong can usually be traced back to the moment the complaint or concern was raised.
It may have been an issue that was observed in the workplace. It may have been a written formal complaint or an informal oral complaint, or perhaps it was an anonymous complaint.
No matter how the employer becomes aware, once they are, the first step is to assess the nature and seriousness of the concern. Because much is at stake based on that determination.
When are Workplace Investigations Needed?
Workplace investigations are the appropriate response to a wide range of employee misconduct or widespread workplace problems, including:
Poor employee performance
Theft
Misuse of employer property
Harassment or violence
Discrimination
Use of prohibited substances such as drugs or alcohol
When employers become aware of a workplace concern, it's important to assess the situation.
The Importance of Getting it Right
The quality of an employer's investigation practices impacts their reputation. Done well, they are seen as a competent, responsible employer that took action to protect the workplace.
On the other hand, when those investigations are done poorly (or not at all), that same company may be viewed as an incompetent or indifferent employer that allowed workplace problems to fester.
Internal investigations are also key to limiting legal liability. Investigations may be a requirement under legislation, the common law, or the employer's own policies. A failure to conduct a proper investigation can undermine an employer's legal defences if its actions to resolve a problem are challenged.
What does a Good Workplace Investigation look like?
A good investigation is crucial to your reputation and your employees' morale — not to mention from a legal liability standpoint. It's important to get it right at the outset. Regardless of the issue, proper investigations have many similar elements, which may include:
A competent, impartial investigator with a clear mandate
Properly established legal privilege, where necessary
Preservation of key evidence
Thorough interviews of relevant witnesses
A clear report summarising investigator findings and recommended actions
Knowing how and where to begin is often the most challenging — yet vital — step. MJSP Management Consulting offers a Workplace Investigation service, which provides you with expertise and impartiality at a time when you really need it.
If you need an investigation completed or would like to learn more about our service, please contact us on (07) 3839 1233.