Questions You Should Ask When Handling a Workplace Investigation Misconduct In Melbourne.
Melbourne Misconduct Workplace Investigations can be challenging for HR and managers. They demand structured thinking and objectivity, which is not always easy to achieve when emotions run high.
During these difficult times, it’s important that HR professionals and managers are equipped with the right tools to handle misconduct investigations. The nature of these types of investigations is dynamic, meaning they can have different outcomes depending on the circumstances.
Some involve criminal behavior and others do not. An investigation may also lead to termination or simply involve a verbal warning if the employee corrects their behavior moving forward.
Whether you are an HR manager or someone who oversees personnel performance regularly, it’s important to understand how misconduct investigations work so that you can handle them confidently when required.
What is a Misconduct Investigation?
When employees break company policies or engage in behavior that is harmful to the workplace, it’s important to investigate their actions.
A misconduct investigation is a type of inquiry that determines whether a specific incident is criminal or not. It’s also used to determine whether the behaviour is a one-time occurrence or a pattern that needs to be addressed.
Typically, investigations occur when there is a violation of a specific rule or policy. However, there are times when the investigation is prompted by a complaint. A complaint may be filed by an employee, customer or anyone else who feels they have been treated improperly by someone at your company. If the complaint is verified, an investigation will be launched to determine what happened and if the incident was caused by misconduct.
Step 1: Find Out What Happened
During the first step of an investigation, it’s important to get a clear overview of the incident that prompted the investigation in the first place. This may be a one-time event or a pattern of behaviour that is negatively affecting your workplace.
During the initial conversation with the employee, ask them to recount what happened and provide the facts of the matter. Take notes during the conversation and follow up with any other employees who were involved.
Depending on the nature of the incident, you may want to consider engaging the services of a third-party investigator, such as https://jolasers.com.au/misconduct-investigation-melbourne/. These professionals are trained for this type of work and can help you navigate the investigation process if it becomes complicated.
Step 2: Determine If the Behavior is Repetitive
The next step is to determine whether the employee’s actions are a one-time occurrence or if the behaviour is repetitive. This will help you to determine whether the incident is criminal in nature or simply an act of misconduct.
If the behaviour is criminal, it needs to be reported to the police. However, if it’s simply misconduct, it can be dealt with in-house with a disciplinary investigation.
During the course of the investigation, speak with other employees who work in the same department or interact with the same employees. You can also speak with customers who have interacted with the employee if they filed a complaint. You may also want to consider conducting an internal review to determine if there are any patterns of behaviour that are present in other employees who report to the same manager.
Step 3: Assess the Level of Harm Caused
Another important factor in an investigation is assessing the level of harm caused by the employee’s actions. This will help you to determine the right disciplinary action to take. By assessing the level of harm, you can determine if the employee’s actions could be considered a negligent act or a reckless action.
Negligent actions are more along the lines of a mistake, while reckless actions are more like deliberate violations. Depending on the severity of the actions, you may want to consider terminating the employee’s employment. However, if the employee’s actions are not as severe, you should consider issuing a verbal warning.
Depending on the situation, it’s important to keep your emotions in check as you make this critical assessment. If you have a personal connection with the employee or an emotional attachment to the situation, you are not in the right state of mind to make this decision.
Step 4: Help the Employee Understand the Consequences of Their Behaviour
This step is all about helping the employee to understand and acknowledge the consequences of their actions.
It’s important that the employee acknowledges the harm they have caused to others, whether it’s a customer or another employee.
In many cases, you will want to have a separate meeting with the employee to go over the details of the investigation. This is where you can have a frank conversation about the employee’s actions and what they need to do moving forward. You can also use this opportunity to offer the employee some coaching and guidance. If their actions were a mistake, you can help them to recognize the error in their ways and move forward with their career. If the actions were reckless and deliberate, you can help the employee to see what they need to do to correct their behaviour in the future.
Step 5: Determine if Coaching and Training Will Be Effective in Changing Employee Behaviour
This is an important step in the investigation because it will help you to decide if coaching and training will be effective in changing the employee’s behaviour. If the employee’s actions were criminal in nature and led to harm, the only viable solution is termination. However, if their actions could be corrected with a little bit of coaching, you may want to consider giving the employee a second chance.
Depending on the situation, you can offer the employee either a verbal or a written warning. A verbal warning is less formal and is typically used when the employee’s actions are serious but not criminal in nature.
A written warning is far more serious and is used when the employee’s actions are serious and possibly criminal. When issuing a written warning, consider including a specific timeline for the employee to correct their behaviour and a requirement that they attend a training course. This will help to hold the employee accountable and will provide them with the tools they need to correct their actions in the future.
Step 6: Confirm There Is Evidence to Support a Termination Conclusion
Finally, before you make the decision to terminate an employee, you need to make sure that you have evidence that supports your decision. This is especially important if the employee has filed a complaint against you.
When you are ready to hold the termination meeting, make sure you have all the details of the investigation in writing. This includes the dates, times and details of the incident as well as the supporting facts for your decision. You may also want to consider having a third-party present at the termination meeting. This may be an HR representative or a lawyer who can help you to navigate the situation and provide you with the support you need.
Conclusion
Misconduct investigations can be challenging for HR and managers. They demand structured thinking and objectivity, which is not always easy to achieve when emotions run high.
During these difficult times, it’s important that HR professionals and managers are equipped with the right tools to handle misconduct investigations.
The nature of these types of investigations is dynamic, meaning they can have different outcomes depending on the circumstances. Some involve criminal behaviour and others not so much.
An investigation may also lead to termination or simply involve a verbal warning if the employee corrects their behaviour moving forward. Regardless of the outcome, it’s important to understand how misconduct investigations work so that you can handle them confidently when required.
Contact Jolasers Investigations for more info.
