Uncovering the Process of Navigating Investigations in the Workplace.

Investigations in the workplace are an important part of ensuring a safe and healthy working environment. As an employer, it is your responsibility to investigate any complaints or reports of misconduct that may arise. This article will uncover the process of navigating investigations in the workplace, from initiating an employer investigation to preventing workplace investigations.

What is the purpose of investigations in the workplace?

Investigations in the workplace are conducted to identify and address any potential workplace issues. Employers must take any reports of misconduct seriously and investigate them in order to ensure the safety of their employees and the integrity of their company. Investigations can also uncover any underlying issues that may be causing issues in the workplace, such as harassment or discrimination.

Investigations are also important for creating a culture of compliance. By conducting investigations, employers can demonstrate to employees that they take their concerns seriously and will take action when necessary. It also sends a message that the company is committed to following the law and protecting its employees.

Types of workplace investigations

There are several different types of workplace investigations. These include investigations into allegations of misconduct, such as sexual harassment, discrimination, and bullying; investigations into violations of company policies, such as drug and alcohol use; and investigations into financial misconduct, such as fraud and embezzlement.

No matter the type of investigation, employers must ensure that the investigation is conducted in a fair and impartial manner. Employees should be given the opportunity to present their side of the story and to provide any relevant evidence or testimony.

Steps in navigating an employer investigation

When initiating an employer investigation, the first step is to gather all relevant information. This includes any complaints, reports, or other information that may be relevant to the investigation. The employer should also consider any potential conflicts of interest, such as if the accused is a family member or close friend of the employer.

Once the employer has all the relevant information, they should then determine the scope of the investigation. This includes deciding who will be interviewed and what evidence will be gathered. It is important to ensure that the investigation is thorough.

The next step is to appoint a lead investigator. This should be someone who is impartial and who has the necessary skills and experience to conduct a fair and thorough investigation. The lead investigator should also be aware of the relevant laws and regulations that apply to the investigation.

The employer should then document the investigation, including all interviews and evidence gathered. This will help ensure that the investigation is conducted in an unbiased manner and that all relevant information is considered.

Interviewing witnesses during investigations

The next step in the employer investigation process is to interview witnesses. This includes anyone who may have witnessed the incident or who may have relevant information. The employer should ensure that all witnesses are treated fairly and that their statements are taken in a professional manner.

The employer should also ensure that the witnesses are given the opportunity to provide their side of the story and to provide any relevant evidence. It is important to ensure that all witnesses are interviewed in a consistent manner and that all information is documented.

What is relevant evidence?

During a workplace investigation, the employer should also gather any relevant evidence. This includes documents, emails, security footage, or any other evidence that may be relevant to the investigation. It is important to ensure that the evidence is collected in a secure manner and that all evidence is documented.

The employer should also consider any potential conflicts of interest that may arise from the evidence collected. If a conflict of interest is identified, the evidence should be collected in a different manner or not at all.

Making a decision in workplace investigations

Once the investigation is complete, the employer must then make a decision. This decision should be based on the evidence collected and the interviews conducted. The employer should also consider any mitigating factors, such as the accused’s previous record or any extenuating circumstances.

The employer should also ensure that the decision is fair and impartial. The employer should also document the decision-making process and ensure that the decision is based on the evidence collected and the interviews conducted.

Preventing workplace investigations

The best way to prevent workplace investigations is to create a culture of compliance and respect. Employers should ensure that all employees are aware of the company’s policies and expectations, and that any violations are addressed promptly.

Employers should also ensure that any complaints or reports of misconduct are taken seriously and investigated promptly. This will help ensure that any potential problems are addressed before they become more serious and require an investigation.

Employer’s legal obligations during investigations

Employers have certain legal obligations during investigations. This includes ensuring that the investigation is conducted in a fair and impartial manner, that all relevant information is collected, and that any conflicts of interest are addressed.

Employers should also ensure that the accused is given the opportunity to present their side of the story and that any decisions made are based on the evidence collected. It is also important for employers to ensure that all interviews are conducted in a professional manner and that all evidence is documented.

Employer’s rights during investigations

As an employer, you have certain rights during investigations. This includes the right to hire an independent investigator, the right to interview witnesses, and the right to gather evidence. It is also important for employers to ensure that the investigation is conducted in a fair and impartial manner and that any decisions are based on the evidence collected.

Consequences of employer investigations

Employer investigations can have serious consequences. If an employee is found to have violated company policies or the law, they may face disciplinary action, including termination. It is also important to consider the potential legal implications of the investigation, such as a potential lawsuit by the accused.

Conclusion - Navigating a workplace investigation

Investigations in the workplace are an important part of creating a safe and healthy working environment. As an employer, it is your responsibility to investigate any complaints or reports of misconduct in order to ensure the safety of your employees. This article has uncovered the process of navigating investigations in the workplace, from initiating an employer investigation to preventing workplace investigations.

Jolasers handle the most complex workplace investigations so take all the stress out of your workplace investigation.

Email: Stephen.oliver@jolasers.com.au to determine how we can help you solve your workplace conflicts.

Click here for relevant Youtube video

https://jolasers.com.au/uncovering-the-process-of-navigating-investigations-in-the-workplace/?feed_id=364&_unique_id=63ad34d29157e

Unpacking 'Upward Bullying': Examining the Impact of Workplace Bullying on Bosses.

Workplace bullying is a growing problem in the corporate world. It is a form of abuse and harassment that affects people at all levels of an organization, including bosses, which is known as upwards bullying.

This type of bullying is often referred to as 'upward bullying'. In this article, we will explore what upward bullying is, the causes of it, the effects it has on bosses, and strategies to combat it.

Introduction to Workplace Bullying

Workplace bullying is defined as a form of psychological violence which can be verbal, physical, or emotional. It is characterized by persistent, hostile, and humiliating behaviour by an employee towards their superior or peers. Bullying can have a devastating impact on the victim's mental and physical health, as well as their productivity and career.

Unfortunately, workplace bullying is a common problem that is often overlooked or not taken seriously. In fact, a recent survey found that over 80% of respondents had experienced bullying in the workplace at some point in their career. It is a problem that can affect people at any level of an organization, including bosses.

What is Upward Bullying?

Upward bullying is a type of workplace bullying that occurs when an employee targets their superior or boss. It can take many forms, such as undermining the boss's authority, spreading rumours about them or their decisions, or taking credit for their work. In some cases, it can even involve physical or verbal aggression.

Upward bullying can be particularly damaging to the boss, as they may feel helpless in the face of the bullying. It is important to note that upward bullying is different from constructive criticism, as the intent of the bully is to undermine, humiliate, or even harm their boss.

Causes of Upward Bullying

There are several potential causes of upward bullying in the workplace. One of the most common is a power struggle between the boss and employee, which can lead to the employee trying to undermine their superior. In some cases, it may be due to a feeling of insecurity or lack of control.

In other cases, it may be due to a feeling of entitlement, where the employee believes they are better than their boss and feel the need to prove it. It may also be due to a lack of respect for the boss, or a feeling that the boss does not understand the employee's needs or concerns.

Finally, it may be due to a feeling of frustration or anger towards the boss for various reasons, such as not receiving a promotion or pay raise. Whatever the cause, it is important to recognize that upward bullying is a serious problem that needs to be addressed.

Effects of Upward Bullying

Upward bullying can have a number of negative effects on the boss. It can lead to feelings of stress, anxiety, and depression. It can also cause the boss to become less confident and less able to make decisions.

The bully may also try to manipulate the boss into making decisions that benefit them, or they may try to sabotage their decisions or projects. In some cases, it can even lead to physical or emotional harm.

Upward bullying can also have a negative effect on the organization as a whole. It can lead to a decrease in productivity and morale, as well as increased turnover and absenteeism.

Strategies to Combat Upward Bullying

The first step in combating upward bullying is to create a safe and healthy workplace environment. This includes providing clear policies and procedures on what constitutes bullying, as well as a code of conduct that outlines expectations and consequences for inappropriate behaviour.

It is also important to provide training and education on workplace bullying, so that employees are aware of the signs and consequences. This can be done through seminars, workshops, or online training.

It is also important to have an open and honest dialogue with employees, so that they feel comfortable coming forward with any issues they may have. This can be done through regular meetings or one-on-one conversations.

Finally, it is important to take any reports of bullying seriously and to investigate them promptly. If the investigation finds that bullying has taken place, then appropriate disciplinary action should be taken.

How to Recognize Symptoms of Upward Bullying

It can be difficult to recognize the signs of upward bullying, as it can be subtle and often takes place behind closed doors. However, there are some warning signs to look out for, such as:

Unwarranted criticism or negative comments about the boss

An employee taking credit for the boss's work

An employee trying to undermine the boss's authority

An employee refusing to take direction from the boss

An employee who is constantly challenging the boss's decisions

If you notice any of these signs in your workplace, it is important to take action as soon as possible.

How to Support Bullied Bosses

If you suspect that a boss is being bullied, it is important to take immediate action. This includes providing them with support and guidance, as well as helping them to recognize the signs of bullying and how to respond to it.

It is also important to investigate any reports of bullying and to take appropriate disciplinary action if necessary. This will send a message to other employees that bullying is not tolerated in the workplace.

Finally, it is important to provide resources and support for the boss. This can include counselling or other forms of support to help them cope with the effects of the bullying.

Conclusion

Upward bullying is a serious problem in the workplace that needs to be addressed. It can have a devastating effect on the boss, as well as the organization as a whole.

To combat this problem, it is important to create a safe and healthy workplace environment and to take any reports of bullying seriously. With the right strategies and resources, bosses can be supported, and the problem of upward bullying can be addressed.

Let Jolasers help you with your bullying investigation. We have over 16 years experience undertaking complex workplace investigations in Melbourne and Regional Victoria.

For an awesome video on workplace bullying click here

https://jolasers.com.au/unpacking-upward-bullying-examining-the-impact-of-workplace-bullying-on-bosses/?feed_id=354&_unique_id=63a158eb3d00a

Investigating Employee Harassment and Discrimination: How Workplace Investigations Can Uncover Current Issues

Employee harassment and discrimination are serious issues that can have major consequences for companies. As an employer, it is important to recognize and address these issues quickly and effectively.

Workplace investigations can be an effective tool for uncovering current and past issues related to employee harassment and discrimination.

In this article, we will explore what workplace investigations are, how they can be used to uncover current employee harassment and discrimination, and what steps should be taken to protect yourself if you are accused of harassment or discrimination.

What is employee harassment and discrimination?

Harassment and discrimination in the workplace are defined as any unwelcome or unwanted behaviour that is based on a person’s protected status such as their race, gender, age, disability, sexual orientation, or religion.

This type of behaviour can include physical, verbal, or written conduct, as well as visual or symbolic displays. Harassment and discrimination create a hostile work environment, which can have an adverse effect on employees’ morale, job performance, and overall well-being.

Employers must take steps to prevent and address harassment and discrimination in the workplace. This includes developing policies and procedures that clearly define what constitutes harassment and discrimination, as well as providing training on these topics. Employers must also create a system for reporting and investigating any complaints of harassment or discrimination.

How to recognize and address employee harassment and discrimination

Recognizing and addressing employee harassment and discrimination can be difficult. It is important to understand the signs of harassment and discrimination, as well as how to respond appropriately.

One of the most common signs of harassment and discrimination is a hostile work environment. This can include offensive jokes or comments about someone’s protected status, physical or verbal bullying, and other intimidating behaviour. It is important to be aware of any potential signs of harassment or discrimination and address them immediately.

Employers should also have a procedure in place for reporting and responding to complaints of harassment or discrimination. This should include a system for filing complaints, as well as a process for investigating and resolving the complaint.

It is also important for employers to provide training on harassment and discrimination. This should include information on recognizing and responding to harassment and discrimination, as well as the consequences of engaging in such behaviour.

The importance of workplace investigations

Workplace investigations are an important tool for uncovering current and past employee harassment or discrimination. Workplace investigations can provide employers with the information they need to identify and address any issues related to harassment or discrimination in the workplace.

Workplace investigations can help employers identify the source of any harassment or discrimination and take the appropriate actions to address the issue. This can include disciplinary action, such as termination or suspension, as well as providing additional training or implementing new policies and procedures.

Workplace investigations can also help employers prevent future harassment or discrimination in the workplace. By uncovering any past issues related to harassment or discrimination, employers can identify any potential risks and take steps to mitigate them.

What are the steps for conducting a workplace investigation?

Conducting a workplace investigation requires a systematic approach. Employers should have a written policy for conducting workplace investigations, which should include the following steps:

Gathering Information: The first step in any workplace investigation is to gather information related to the incident. This includes gathering any relevant documents and interviewing any witnesses.
Assign an Investigator: The next step is to assign an investigator to the case. The investigator should have experience in workplace investigations and should be familiar with the company’s policies and procedures.
Interview the Complainant/s: It is important to determine exactly what the issues are from the complainant’s perspective.
Interview the Accused: The investigator should interview the accused individual to gather their version of events. It is important to ensure that the accused individual is aware of their rights and is treated fairly throughout the process.
Determine the Facts: The investigator should then review all of the information gathered and determine the facts of the case. This includes determining if the accused individual violated any company policies or engaged in any unlawful behaviour.
Take Action: The final step is to take action based on the facts of the case. This could include disciplinary action, such as termination or suspension, as well as implementing new policies or providing additional training.

The role of the investigator in a workplace investigation

The investigator is an important part of the workplace investigation process. It is the investigator’s job to gather information and determine the facts of the case. The investigator should be impartial and unbiased and should have experience in workplace investigations.

The investigator should also have an understanding of the company’s policies and procedures related to harassment and discrimination, as well as the legal implications of any potential violations. The investigator should also be familiar with any applicable state or federal laws related to harassment and discrimination.

What should be included in a workplace investigation?

When conducting a workplace investigation, it is important to ensure that all relevant information is gathered and that all parties are treated fairly throughout the process. The following should be included in a workplace investigation:

Interviews: The investigator should interview all relevant parties, including the complainant, the respondent, and any witnesses.
Evidence: The investigator should also gather any relevant evidence, such as emails, documents, and other records.
Legal Considerations: The investigator should be aware of any legal considerations related to the investigation, such as applicable state or federal laws.
Final Report: The investigator should prepare a final report that outlines the facts of the case and any recommended actions.

What are the consequences of employee harassment and discrimination?

Employee harassment and discrimination can have serious consequences for employers. This includes potential legal liability, such as lawsuits, as well as reputational damage and loss of productivity.

Employers should take steps to address any issues related to harassment and discrimination quickly and effectively. This includes conducting workplace investigations, taking disciplinary action, providing additional training, and implementing new policies and procedures.

What are the legal implications of workplace investigations?

Workplace investigations can have legal implications for employers. The investigator should be familiar with any applicable state or federal laws related to workplace investigations, as well as the company’s policies and procedures.

The investigator should also be aware of the legal rights of the accused individual, such as the right to remain silent and the right to legal representation. It is important for the investigator to ensure that the accused individual is treated fairly throughout the process.

How to protect yourself if you are accused of harassment or discrimination

If you are accused of harassment or discrimination, it is important to protect yourself. This includes understanding your rights, such as the right to remain silent and the right to legal counsel. It is also important to be aware of any potential legal risks and take steps to mitigate them.

It is also important to participate in any workplace investigations. This includes providing any relevant information and cooperating with the investigator. It is important to remember that you are innocent until proven guilty and that you should be treated fairly throughout the process.

Conclusion

Employee harassment and discrimination are serious issues that can have major consequences for employers. Workplace investigations can be an effective tool for uncovering current and past issues related to employee harassment and discrimination. It is important for employers to have a system in place for conducting workplace investigations, as well as a procedure for reporting and responding to complaints.

Employers should also take steps to protect themselves if they are accused of harassment or discrimination. This includes understanding their rights and taking steps to mitigate any potential legal risks.

Overall, workplace investigations can be an effective tool for uncovering current and past issues related to employee harassment and discrimination. By understanding the importance of workplace investigations, employers can create a safe and productive workplace for their employees.

If you have any questions or concerns regarding workplace harassment or discrimination, contact us today to discuss your options – Stephen Oliver at Jolasers 0418 101 164

employee harassment and discrimination video

https://jolasers.com.au/investigating-employee-harassment-and-discrimination-how-workplace-investigations-can-uncover-current-issues/?feed_id=348&_unique_id=63a0324e01d15

There's an Increasing Amount of Employers Wanting Workplace Investigations.

Hidden cameras and other surveillance devices are being used more often in the workplace for various reasons. Some companies use them to monitor employees, investigate theft or drug use, or uncover other potential red flags.

Others use them to identify hazards and improve working conditions. In the event that an investigation is launched into a specific employee, it can be very stressful for both parties involved.

Here is everything you need to know about employee investigations in the workplace:

What is a workplace investigation?

An investigation is when one or more company representatives talk to employees (or others involved) to gather information about a certain issue that needs to be addressed. Investigations of a serious nature are usually undertaken by external private investigators.

Investigations can be initiated by employers for a number of reasons, such as an event that happened recently, an employee complaint, or an employee who is not performing well.

Depending on the reason for the investigation, an employer may or may not have to follow any specific protocols. For example, if the investigation relates to unlawful discrimination or sexual harassment, the company will likely have to follow very specific guidelines to ensure that their investigation process is fair and accurate.

Why do employers use workplace investigations?

Employers use workplace investigations to gather information about employees or events that have either already happened or that they think are likely to happen.

There are many reasons why employers investigate their employees, including but not limited to:

Drugs and alcohol: Employers may investigate an employee suspected of using drugs or alcohol on the job for a number of reasons. It may be due to an error or accident the employee made while under the influence, or there might be a pattern of such incidents.

Theft of company property: Employers may investigate employees suspected of stealing company property. This could be an expensive piece of equipment or materials, or even small things like paperclips or pens.

Other misconduct: Employers may investigate employees suspected of other misconduct, such as falsifying records or performing shoddy work.

Performance issues: Employers may investigate employees whose performance is not up to par. This can cover a variety of areas, such as quality of work, ability to meet deadlines, or working well with others.

Safety issues: Employers may investigate employees who are performing tasks that could put their co-workers or the public at risk. This could be related to the process they are using or their work environment.

Conflicts or whistleblower issues: Employers may investigate employees who are involved in conflicts with co-workers or who report potential violations of the law.

Who can be investigated in the workplace?

Any employee can be investigated, although certain categories of employees are more likely to be investigated than others.

Specifically, supervisors, managers, and other employees who have some sort of authority in the workplace are more likely to be investigated than regular employees. This is because they have more access to information and are expected to set an example for the rest of the team.

Detecting dishonesty in the workplace

Employees can be dishonest for various reasons, such as to gain an advantage for themselves or someone else. This may happen in the form of falsifying records, doctoring time sheets, or hiding certain events from management – like an accident or a mistake.

Determining performance issues

Employers may use hidden cameras to determine if the performance of certain employees needs to be addressed. If one or more employees are not meeting the expectations of their job, the employer may need to meet with them to discuss their performance.

If they’re not willing to change their ways, the employer may decide to fire them. They may also use hidden cameras to determine if there is a pattern to their poor performance. For example, they may be taking too many breaks or spending too much time on social media.

Using hidden cameras can be an effective way to gather evidence about performance issues. This can be helpful for employees who want to improve their performance and for managers who need to document poor performance.

Identifying safety risks and hazards

Employers may use hidden cameras to identify safety risks and hazards in their workplace. This can be particularly useful for companies that work with machinery or other dangerous equipment.

Hidden cameras can help identify problems with machinery and how employees use (or don’t use) it. For example, an employer might use a hidden camera to determine if an employee is using the correct safety gear. They might also want to use a hidden camera to determine if a hazard is present in their workplace. This could include things like excess noise or improper storage of dangerous materials. Employers may use their findings to create a plan to reduce or eliminate the risks and hazards.

Final Words

As you can see, there are many reasons why an employer may decide to launch an investigation. Employees may be nervous if they are being investigated, but it’s important to remember that investigations aren’t something that happens often. If you’ve been accused of a specific misconduct, such as falsifying your work hours, you will likely know about it. If you are worried about being investigated, you can always ask your employer what the process looks like.

Check this page out detailing Misconduct Investigations.

Definition of Workplace Misconduct

[Form id="1"] https://jolasers.com.au/theres-an-increasing-amount-of-employers-wanting-workplace-investigations/?feed_id=342&_unique_id=639640707a794

Workplace Investigations Without The Stress

Has an employee made an allegation of bullying, harassment or sexual harassment in the workplace? Has there been an allegation of misconduct by an employee?

Do you investigate the matter internally or do you need to engage a professional investigations company to undertake an unbiased investigation?

Workplace complaints can quickly spiral out of control and it is difficult to know which way to turn when it comes to resolving the issue.

Jolasers have extensive experience in handling complex workplace investigations - don't let your a workplace complaint spiral out of control. Jolasers provide a simple, stress-free solution to complex workplace investigations - allowing you to resolve the issue quickly and efficiently.

Call 0418 101 164 to discuss your workplace investigation situation.

Click Here To Contact Jolasers Investigations

Jolasers Workplace Investigations

We will provide you with an upfront quotation to undertake a professional workplace investigation. Click on button below to get a quotation for your workplace investigation.

Click Here For A Quotation

Seeking Prompt Attention

We understand time is of the essence when it comes to workplace complaints and the need to resolve these matters as quickly as possible. Click the button below to contact us for prompt attention

We are Waiting to Help With Your Workplace Investigation

We have many years experience investigating workplace disputes in Melbourne and regional Victoria. Click the link below to get in touch.

Get In Touch

About Jolasers Investigations

Jolasers Investigations are THE Experts in All Things Related to work place investigations.

We have 16+ years undertaking complex workplace investigations and have most likely encountered a situation similar to yours.

Do yourself a favor and get in touch with us right now.

Jolasers Workplace Investigation video

https://www.youtube.com/watch?v=mo_ROBwmW0M

The Do's and Don'ts of a Workplace Investigation

A workplace investigation is an important process for any business or organization. It allows employers to uncover the facts about a situation, determine the cause, and take the appropriate action. However, many employers find the process of conducting a workplace investigation to be daunting, as there are a number of dos and don’ts they must follow in order to ensure the investigation is fair and impartial.

To ensure the investigation is conducted properly, employers must be aware of the key do’s and don’ts of a workplace investigation. Knowing the legal requirements, what to look for, and the potential risks associated with a workplace investigation are essential to ensuring the process is handled in the most effective manner. By following the recommended guidelines, employers can be sure they are conducting a thorough and unbiased investigation, and ultimately making the right decisions.

What is a Workplace Investigation?

A workplace investigation allows employers to uncover the facts about a situation, determine the cause, and take the appropriate action. An investigation can be conducted at any point during a complaint process, or if there is a specific situation where an investigation would be beneficial.

Depending on the situation, the investigation can be quite formal; however, it can also be very informal. A workplace investigation is generally conducted when a situation arises that needs to be resolved. This can include complaints, concerns, or issues such as fraud, theft, or bullying.

The investigation will aim to determine the facts of the situation, identify any issues, and find potential solutions to resolve them. The investigation may involve interviewing employees, managers, and other relevant parties.

The Do’s of a Workplace Investigation

DO understand the complaint – A complaint could relate to the work environment, manager, or other employees. Employers should fully understand the complaint so they can accurately identify the potential issues.

DO follow the appropriate procedures – Employers should be aware of the correct procedures to follow in the situation. This will help to ensure the investigation is fair, accurate, and impartial.

DO document everything – Documentation is key to a successful workplace investigation. Employers should document everything, from the complaint to the findings of the investigation. This will help to ensure the investigation is beyond reproach.

DO protect the rights of all parties – In the course of the investigation, employers should ensure they are protecting the rights of all parties involved.

DO not jump to conclusions – Employers must ensure they do not jump to conclusions based on partial information. This could impact the investigation and the outcome.

DO not allow bias to influence the investigation – Employers should ensure bias does not influence the investigation. This will ensure the investigation is fair, impartial, and accurate.

The Don’ts of a Workplace Investigation

DO not do any of these. They are all important for the investigation to be unbiased and thorough.

DO not delay the investigation – Employers should not delay the investigation.

DO not avoid confrontation – Employers should not avoid confrontation, but they must ensure it remains professional.

DO not avoid dismissal – Employers should not avoid dismissal if the facts support dismissal.

Conclusion

In order for a workplace investigation to be successful, employers must follow the correct procedures and avoid the Do’s and don’ts listed above. This will help to ensure the investigation is fair and impartial and can be used as a reliable source for making informed decisions.

Frequently Asked Questions.

An investigation can be a stressful time for both employee and employer. Employees might have concerns about their performance, feel like they’re being unfairly scrutinized, or worry about the potential implications of the investigation on their career trajectory. For employers, investigations are often taxing and time-consuming processes that demand confidentiality and sensitive handling. In order to help tackle the challenges of workplace investigations more efficiently, we’ve prepared this FAQ guide with answers to some of the most common questions employers may have when initiating an investigation in the workplace.

What is a workplace investigation?

Business investigations are designed to seek out facts, identify problems, and find solutions that have be triggered by a specific event or complaint such as a bullying allegation or sexual harassment allegation. They often follow a set process that allows all parties to be treated fairly and ensures that organizational policies are followed.

Why is an investigation necessary?

While it’s possible to address issues informally, an investigation often provides more structure and ensures that all employees’ concerns are addressed fairly. It also provides the foundation for any disciplinary action that results from the allegations.

Companies engage external investigators to eliminate any perceived bias or favouritism towards one or more of the participants in the investigation.

How long does a workplace investigation typically take?

While there is no hard and fast rule for how long investigations should last, the duration of most investigations falls between two and four weeks. Investigations that are prompted by a specific event, such as an employee's allegation of bullying or harassment, will likely be shorter, due to the desire of all parties to finalise the mater. Investigations that explore multiple issues and problems that have been festering for a long period are likely to last longer. Investigations that include a wide range of employees may be longer still if Investigators aim to include all employees’ input in the process.

Who can participate in the investigation?

An Investigator will seek to interview all persons that are involved in the subject of the investigation which may include witnesses to a particular event. Generally the more relevant people interviewed, the more detailed the final report will be.

All persons interviewed in an investigation are entitled to have a support person with them to provide moral support as the circumstances discussed can often be difficult for the person being interviewed to re-live.

What are the different types of workplace investigations?

Investigations are often broken up into four major categories – bullying, harassment, sexual harassment and misconduct. They all follow the same basic structure. The person/s who have made the allegations against a work colleague/s will be interviewed first to determine the exact nature of the allegations. Then any witnesses identified will be interviewed and then finally the person/s who the allegations were made against will have the opportunity to respond to the allegations. From there the Investigator will prepare his findings and present to the appropriate person in the company.

Can employees be required to participate in investigations?

Employees can be required to participate in investigations if their participation is directly related to the issues being investigated. Employees may be required to produce relevant documentation, provide a written statement, or be interviewed by the investigator. When deciding if employees should be required to participate, employers should consider the nature of the investigation and the expected value of employees’ input.

Are there any requirements for informing employees about investigations?

Employers should inform employees whenever they become aware of an issue that necessitates an investigation. Informing employees provides transparency, helps build trust and confidence in the organization, and may reduce the chances of retaliation against the employees who are being investigated. Employers may be able to avoid the need for an investigation by promptly addressing employee concerns. In many cases, employers can address issues informally by talking directly with employees to seek clarification and explore potential solutions.

Should employers comply with employee requests during an investigation?

Employers are generally expected to comply with reasonable requests from employees during an investigation, as long as those requests do not interfere with the investigation. For example some employees are uncomfortable being interviewed in the general vicinity of their work colleagues and will request the interview take place offsite or somewhere private that other employees are not aware of their participation.

Employers should be careful not to give the impression that they are providing special treatment to certain employees. If employers feel that a request from an employee would interfere with an investigation, they should explain why and consider providing an alternative solution.

Can disciplinary action be taken as a result of an investigation?

Employers may take disciplinary action against employees as a result of an investigation, but they must first ensure that the investigation is thorough and complete. Disciplinary actions are separate from an investigation and should be undertaken after the investigation concludes. Disciplinary actions can vary from a minor formal warning letter being placed on an employees personnel file to really serious disciplinary action such as termination or a referral of matters to police.

Provide us a few details below and we will contact you as soon as possible

[Form id="6"]

Telephone: 0418 101 164 (Stephen Oliver)
Email: stephen.oliver@jolasers.com.au

https://jolasers.com.au/workplace-investigations-without-the-stress/?feed_id=336&_unique_id=639590ce48c95

Conducting Investigations of Internal Complaints.

Internal investigations can be one of the most difficult and challenging tasks that an employer is ever likely to face. Conducting investigations of internal complaints of discrimination and harassment is one of the most important jobs for employers to undertake.

These investigations are also often rife with legal risks and potential liability. An investigation of an employee’s internal complaint can have serious implications for the company, its employees, and its ability to maintain a safe work environment.

An improper or unprofessional investigation can lead to lawsuits by any involved parties, including the employee who made the complaint in the first place. That’s why it’s crucial for every company—big or small, public or private—to understand how to handle these sensitive matters properly from start to finish.

What is an internal investigation?

An internal investigation is the process by which a company looks into and assesses an employee’s claim of discrimination or harassment. The goal of the investigation is to determine whether the employee’s complaint is legitimate.

A company’s decision on how to conduct an internal investigation will likely depend on the type of complaint being made, the number of employees being investigated, the nature of the complaint itself, and the company’s resources and culture.

An investigation might include taking statements from witnesses, interviewing the parties involved, and combing through documentation and data to determine whether a violation has occurred.

When are internal investigations required?

Employers are required to conduct an investigation into an employee’s complaint if it involves discrimination or harassment on the basis of race, color, religion, sex (including sexual harassment, pregnancy, and breastfeeding), national origin, age, disability, genetic information, veteran status, and/or other protected characteristics.

The complaint could be made verbally or in writing, but investigations can only be formally initiated after a written complaint is received.

Defining the scope of an internal investigation

The scope of an investigation should be defined in writing and should include the date by which it will be completed. The scope should also include the types of individuals who will be interviewed, relevant documentation to be reviewed, and other factors (such as the geographic location of employees being investigated) that will be included in the investigation.

When investigators are assigned to a complaint, they should be informed of the scope of their investigation.

Investigating a discrimination or harassment complaint

In general, employers must investigate an alleged incident of discrimination or harassment promptly and thoroughly. The investigation should be designed to determine whether discrimination or harassment has occurred.

If an investigation reveals that discrimination or harassment has occurred, it should be stopped immediately and appropriate corrective action taken. If the investigation reveals that discrimination or harassment has not occurred, the company must communicate the results of the investigation and take appropriate action to protect against future discrimination or harassment.

Takeaways

The results of an internal investigation can have serious implications for the company, its employees, and its ability to maintain a safe work environment.

An improper or unprofessional investigation can lead to lawsuits by any involved parties, including the employee who made the complaint in the first place.

That’s why it’s crucial for every company—big or small, public or private—to understand how to handle these sensitive matters properly from start to finish. Ultimately, the goal of any investigation should be to produce a result that’s fair to everyone involved. Appropriate action should be taken in response to any violations that are discovered, and employees who are not in violation should not be subject to disciplinary or corrective action as a result of the investigation.

For more info visit our dedicated workplace investigations pages

[Form id="1"] https://jolasers.com.au/conducting-investigations-of-internal-complaints/?feed_id=330&_unique_id=63940c2a318cb

What To Do If You Notice Bullying in the Workplace

The modern workplace is typically seen as a fast-paced environment where employees are expected to work efficiently and effectively under pressure. However, this positive image of the modern workplace is often overshadowed by the prevalence of bullying in the workplace.

Understandably, many employees’ organizations, unions and individuals have become increasingly concerned about cases of bullying in the workplace. In fact, it is estimated that nearly one in five workers has experienced some form of bullying from their co-workers or bosses.

Further research on the topic suggests that as many as 43% of employees have been exposed to abusive behaviour from their supervisors. However, there are steps you can take to handle a potentially volatile work environment if you notice bullying in the workplace. If you believe that you are being bullied at work, here are some things you should keep in mind:

Know what constitutes bullying in the workplace

Let’s start by taking a closer look at the criteria for workplace bullying. While the exact behaviour that fits the description may vary from case to case, there are some general guidelines for what constitutes bullying:

A power imbalance between the parties involved - In many cases, there is a clear imbalance of power between the parties involved in the bullying. The bully often holds a higher rank than the victim, which makes it easier for the bully to inflict harm.

Repeated harmful behaviour - As the name suggests, workplace bullying involves repeated harmful behaviour. There are some cases where a single event may be considered bullying, but it is usually a pattern of behaviour rather than a single event. This is because bullying is often meant to be sustained over time.

Specific target - Unlike other forms of workplace misconduct, bullying usually has a specific target. This means that while the bully may also pick on other people, the target of bullying is usually identified as one person.

Check your employee handbook

If you believe that you are being bullied at work, you should review your employee handbook. The handbook is typically where employers outline their policies and procedures for handling various workplace issues.

There is usually a clear section on bullying in the employee handbook. If you find that the policies outlined in the handbook are being ignored, you can use the handbook as leverage when speaking to HR or your supervisor. If your company has a specific anti-bullying policy in place, you can use that against your bully. You can also use the company’s anti-harassment policy to report your bully if one exists.

Confront the bully directly

Just because you are being bullied at work does not mean that you are a victim. If you notice bullying in the workplace, you have the power to confront your bully directly. If possible, you should try to confront your bully in a neutral and safe environment.

Stay away from locations where you might be more likely to encounter an aggressive reaction, such as near the bully’s desk. During the confrontation, don’t be afraid to stand up for yourself and set clear boundaries. By doing so, you may be able to put an end to the bullying and avoid having to escalate the situation any further.

While this method may be effective in some situations, it isn’t always the best choice. Some bullies may react aggressively to being challenged. In addition, some bullies may be feeling insecure, and confronting them directly may make them feel more threatened.

Escalate the problem to HR

If confronting your bully directly does not seem to be working, you can escalate the situation to HR. In some cases, the bullying may be so severe or is happening so frequently that HR may be required to take action against the bully.

In other cases, HR may be able to step in as a mediator and help you and your bully come to an agreement. You may be hesitant to escalate the problem to HR out of fear that you will be seen as a troublemaker or that you will be seen as weak. However, the truth is the opposite. By escalating the problem to HR, you are taking action to stop the bullying.

Take steps to protect yourself and document the event

In addition to taking the steps outlined above, you should also take steps to protect yourself against the bully.

While this may not seem like the most direct way to handle the problem, it will help ensure that you can keep your job and career intact. While you may be tempted to neglect your job while you focus on dealing with the bullying, you should avoid doing so. This can negatively impact your performance and may lead to termination. You should instead focus on doing your job well, while taking steps to protect yourself from your bully at the same time.

By taking the following steps, you can protect yourself against your bully:

Avoid working alone with the bully. Whenever possible, try to avoid spending time alone with your bully. If you do have to work with them one-on-one, make sure that you have a witness present at the event.

Avoid engaging in any confrontational conversations with your bully. Don’t engage in any arguments with your bully, even if they seem to be baiting you into a discussion. The less attention you give your bully, the better.

Conclusion

Bullying in the workplace is a serious issue. In fact, some experts suggest that workplace bullying is a more significant problem than sexual harassment. However, this does not mean that you have to tolerate workplace bullying.

If you notice bullying in the workplace, you have several options for dealing with the issue. You can confront your bully directly, you can escalate the issue to HR, or you can take steps to protect yourself from the bully. No matter which route you choose, you can put a stop to workplace bullying.

Check out our workplace bullying page

Bullying definition

[Form id="1"] https://jolasers.com.au/what-to-do-if-you-notice-bullying-in-the-workplace/?feed_id=324&_unique_id=6392aefd48076