Manifest Local Sites: How to Conduct a Misconduct Investigation in Melbourne

In the modern workplace, employees expect a fair and transparent working environment. In this environment, it’s important that workplaces are safe and remain professional at all times.

If an employee breaks company policies or codes of conduct, it could put the business at risk of legal action or negative publicity.

In these instances, an organization must launch an investigation into the incident to determine facts, identify potential risks to the business, and advise on next steps. A misconduct investigation can help you do just that.

In this blog post, we take you through what a misconduct investigation is, why you should conduct one in your organisation, what type of misconduct investigations there are, and how to conduct one in your organisation.

What is a Misconduct Investigation?
A misconduct investigation is an investigation into alleged misconduct by an employee, contractor, or other individual. It can happen in any workplace where employees are in a position of trust or authority, such as hospitals, universities, financial institutions, or government agencies.

Misconduct investigations can be triggered by a report of inappropriate behaviour, a suspicion of inappropriate behaviour, or a record of poor performance.

When a misconduct investigation is triggered, it is important that the investigation is conducted in a fair and transparent manner. This will help to protect both the person who is accused and any witnesses involved in the investigation. It will also help to protect the organisation from risk of legal action.

Why Conduct a Misconduct Investigation?
A misconduct investigation is important for an organisation because it can help to protect the business from risk of legal action and reputational damage.

When a misconduct investigation is conducted in a fair and transparent manner, it can also help to protect the employee who is accused of misconduct.

Misconduct investigations help to get to the facts of an incident, identify potential risks to the business, and advise on next steps. Misconduct investigations are often triggered when an employee breaks company policies or codes of conduct. This can include things like falsifying records, stealing, or breaching confidentiality.

Misconduct investigations can also be triggered when an employee’s behaviour negatively impacts their team or co-workers. This can be any behaviour that is unprofessional, disrespectful, or a breach of codes of conduct.

Types of Misconduct Investigations
There are a few types of misconduct investigations.

· Corporate Misconduct Investigations - A corporate misconduct investigation can take place when a senior executive or high-ranking employee is suspected of misconduct. Due to the sensitive nature of these investigations, they are often run by an independent third-party organisation with no ties to the company. Corporate misconduct investigations take place when there is a suspicion of fraud, improper financial reporting, or some other issue involving the senior leadership of the company.

· Employee Misconduct Investigations - Employee misconduct investigations can happen in any workplace where employees are in a position of trust or authority. This can include hospitals, universities, financial institutions, and government agencies. Employee misconduct investigations are often triggered when an employee breaks company policies or codes of conduct. This can include things like falsifying records, stealing, or breaching confidentiality.

· Student Misconduct Investigations - Student misconduct investigations take place in higher education settings. They can be triggered when a student is suspected of inappropriate behaviour, or a record of poor performance. Student misconduct investigations are often triggered when a student is suspected of plagiarism, stealing, or breaching confidentiality.

· Witness Misconduct Investigations - A witness misconduct investigation takes place when an employee witnesses another employee’s behaviour and they feel that the behaviour is inappropriate. When an employee witnesses unprofessional or inappropriate behaviour, they should report it to a manager.

How to Conduct an Effective Misconduct Investigation
A misconduct investigation can be challenging, particularly if the investigation is conducted internally. That’s because an internal investigation is led by an HR representative, manager, or other member of the organisation. Internal investigations can be subject to bias and manipulation, particularly if the person conducting the investigation is the accused employee’s superior.

When conducting an internal misconduct investigation, there are a few things to keep in mind.

· Timeliness - The investigation needs to be conducted as quickly as possible to ensure an accurate record of events.

· Transparency - The investigation needs to be as transparent as possible so that the accused employee feels like they have been treated fairly. This means that they should have the liberty to have a representative present during any interviews, have ample time to prepare their defence, and be given sufficient details on the allegations against them.

· Maintain impartiality - The investigation needs to be led by an unaffiliated third party to prevent bias against either the accused employee or the person who made the allegations. This will help to protect both parties in the investigation.

Conclusion
A misconduct investigation is an investigation into alleged misconduct by an employee, contractor, or other individual.

In order to conduct an effective misconduct investigation, the investigation needs to be conducted as quickly as possible, be as transparent as possible, and be led by an unaffiliated third party to prevent bias against either the accused employee or the person who made the allegations.