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Sexual Harassment: The Duty to Transform the Workplace

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8 October 2022

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In the wake of the #MeToo movement and other high profile sexual harassment scandals, businesses are taking a closer look at their sexual harassment policies and company culture.

 

 

 Many employers are now taking steps to proactively address workplace sexual harassment and preventative measures. In an ideal world, employees would not feel afraid to report incidents of sexual harassment or be fearful that coming forward will have negative repercussions. Everyone should be able to work in a safe environment free from unwanted advances, propositions, or derogatory comments about a person’s sex. Unfortunately, this is hardly the case for many employees in every industry — even some businesses with progressive cultures that publicly support gender equity.

 

It is up to all employers to foster environments where employees trust their supervisors and feel comfortable reporting unacceptable behavior without fear of reprisal.

 

What is Sexual Harassment?

Sexual harassment is a form of discrimination that can include unwelcome sexual advances, requests for sexual favours, inappropriate touching, hugging or any other type of physical or verbal behaviour of a sexual nature that makes someone feel uncomfortable or unsafe at work.

 

 

Sexual harassment can happen in person or online through emails, texts and social media. Sexual harassment does not always involve a supervisor or manager. Anyone in the workplace can harass another person, including colleagues who are at the same level as the victim.

 

 

It is important to remember that someone who has been sexually harassed is not responsible for stopping the behaviour.

 

The Importance of Having a Clear Harassment Policy

Businesses have a legal obligation to protect employees from sexual harassment, but what happens when an employer fails to do so? In some cases, an employee may be able to take legal action against the company for failing to meet its legal responsibilities under the jurisdiction’s discrimination laws.

 

In these situations, if the company has a clear anti-harassment policy in place, they have a better chance of defending themselves against allegations of negligence. The first step to creating a safe work environment is having a well-defined sexual harassment policy in place that clearly outlines what constitutes inappropriate behavior.

 

The policy should include information about who is responsible for reporting incidents of sexual harassment, what types of conduct are considered inappropriate, and the disciplinary action that will be taken against those found responsible.

 

Train Employees on Your Firm’s Anti-Harassment Policies

After a clear sexual harassment policy is in place, companies should actively train employees on the policy. This means making sexual harassment training a regular part of your onboarding process, as well as an annual or bi-annual company meeting.

 

 

Regular sexual harassment training is particularly important in industries where a lot of off-the-cuff socialising occurs at conferences, trade shows, and other business-related events. Here, sexual harassment may be more likely to occur because of the close quarters and relaxed environment, as well as the increased consumption of alcohol.

 

 

Several companies have created online sexual harassment training courses to help employees navigate these issues. You can also find online sexual harassment training videos through YouTube. You may also be able to find sexual harassment training in your industry through government or non-profit organizations.

 

Provide an Easy Way for Employees to Report Incidents of Abuse

Businesses should provide an easy and accessible way for employees to report sexual harassment incidents. This could be a hotline, an email address, or a written complaint form that allows employees to report any incidents of sexual harassment confidentially.

 

 

This type of reporting system is essential for a number of reasons.

 

 

First, it allows employees to report harassment without fear of reprisal.

 

 

Second, it gives the company a chance to investigate the incident and take appropriate disciplinary action against the employee responsible.

 

 

Third, it provides companies with the opportunity to create a record of incidents of sexual harassment that they can refer to if they are ever sued for failing to take action.

 

Keeping a record of this type of data can help businesses prove they have taken sexual harassment seriously and have taken appropriate action to prevent the problem from recurring.

 

Conclusions

Sexual harassment can happen in any workplace and to anyone. It is the responsibility of employers to create a safe and inclusive work environment in which all employees feel comfortable reporting incidents of harassment.

 

 

To do so, employers must clearly define what constitutes inappropriate behaviour and actively train employees on their policies. Additionally, businesses must provide an easy and accessible way for employees to report harassment, as well as keep accurate records of any complaints filed and investigations.

Sexual harassment defined

If you have had a sexual harassment complaint lodged call Jolasers Investigations to discuss how they can assist.

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It’s Time to Tackle Bullying in the Workplace: How You Can Prevent Your Employees from Being Bullied.

By on

7 October 2022

- blog

It’s no secret that the modern workplace is fraught with competition, stress, and varying degrees of tension. In fact, it may even feel like things are getting worse. In some workplaces, this competitive energy manifests in a phenomenon known as workplace bullying—intentionally hurtful actions or words used to target an individual repeatedly over time with the intention of damaging their reputation or social standing.

Unfortunately, workplace bullying has become more commonplace. It is estimated that up to 70% of employees have been targets of this type of abuse at work at some point in their career. It can be tempting to ignore or downplay the effects of workplace bullying on your team; after all, we’re not talking about physical violence here. But while words may not leave scars like knife wounds do, they can still be incredibly damaging over time and lead to negative long-term effects on both those who are bullied and those who witness it happen.

 

What Constitutes Bullying in the Workplace?

For our purposes, workplace bullying often refers to a pattern of verbal or emotional abuse that is repetitive and happens over a period of time. This can include anything from making ongoing comments that are meant to belittle an employee, to excluding them from meeting participation or training opportunities, or creating an overall toxic environment at the office.

This type of bullying is not only harmful to the victim, but it can also have a negative impact on the rest of the team, who may feel added pressure to conform and avoid being bullied themselves.

 

Why Is Tackling Bullying So Important?

There are many reasons why tackling workplace bullying is so important. At the most basic level, a workplace environment in which people are feeling bullied is not likely to be a productive one. In fact, in many cases, workplace bullying can cause talented employees to flee their jobs, resulting in costly turnover.

Beyond that, there are also very real and serious psychological effects associated with workplace bullying, including increased risk of depression, anxiety, and even suicide among bullying targets.

Not only are these employees more likely to end up needing time off due to mental health issues, they may also be less productive while they are at work and less likely to be creative and productive overall.

 

Strategies for Combating Workplace Bullying

The best way to combat workplace bullying is to address it head on. The more you allow bullying to fester in your work environment, the more serious and widespread it is likely to become.

For your company culture to be one in which bullying is actively discouraged, it is important to have a clear understanding of what constitutes bullying, to make sure that your company policies and practices reflect this, and to have a clear plan of action for when bullying incidents arise.

 

Establish Clear Boundaries and Be Firm When Enforcing Them

No one likes to be told what to do—especially in the workplace. But sometimes, especially when dealing with creative fields, it can be important to establish rules and expectations early on so that everyone is on the same page and knows what the boundaries are within the company.

While some workers thrive in an environment where they are given a lot of autonomy, others prefer a more tightly controlled environment, or at least one where they know what the rules are and what’s expected of them. Communicating these boundaries in a clear and consistent way can help to prevent bullying and create a culture where everyone feels safe and included.

 

Provide Anti-Bullying Training and Education

This is one of the most important ways to combat bullying in your workplace, make sure all of your employees are educated about the dangers of bullying and know how to report it.

Depending on the nature of your business, this might also apply to your clients and other job holders you work with. Providing training on bullying is the best way to make sure that everyone understands what bullying looks like and knows what to do about it when they see it happening. This can be as simple as providing your employees with information about what bullying is, examples of what it looks like, and what steps they should take when they witness it in the office.

 

Provide a Safe Environment for Employees to Report Incidents of Bullying

One of the most important ways to fight workplace bullying is to make sure that employees know they can report incidents of bullying and feel safe doing so.

One of the most common ways that bullying manifests is through gossip and backstabbing. It may sound silly, but gossip and office rumours can be incredibly damaging and toxic, not just to the people who are the subject of these rumours, but to the whole office environment.

When an employee feels like they can’t report incidents, or feel like they won’t be taken seriously when they do, it can seriously hinder your efforts to combat bullying in the office.

 

Have Clear Internal Communication Protocols

While some industries and companies are notoriously secretive about what’s going on behind closed doors, others are much more open about sharing information with their employees. Regardless of the industry you work in, it is likely that you will have information that must remain strictly confidential.

Offices often have rules about what can and cannot be shared over email or other forms of digital communication. This is important not just because it can protect your clients’ privacy, but also because it can prevent bullying from happening through careless communication.

While some forms of bullying are obvious, others are much less so. Gossip and backstabbing can be a form of bullying, especially if it is repeated and done with the intention of damaging someone’s reputation. Whether you’re an employer or an employee, you need to be aware of how and when these types of bullying occur so you can take steps to stop them.

 

Conclusion

No one likes to think about workplace bullying and many employers like to downplay the risk of it happening in their office. But the unfortunate truth is that bullying is a very real problem in many offices and can have serious negative effects on employee satisfaction, creativity, and productivity.

Fortunately, many of these problems can be avoided by actively addressing the issue of bullying, providing anti-bullying training and education, and creating a safe environment for employees to report these incidents. With these strategies in place, you can protect your employees from the harmful effects of workplace bullying and create a culture that values compassion and collaboration

 

More details on how Jolasers Investigations can assist with your sensitive Melbourne bullying investigation – Click Here.


What is Bullying? 

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Ways to Deal with a Sensitive Workplace Investigation.

By on

6 October 2022

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In a sensitive workplace investigation, the stakes are high for all parties involved. A HR representative must navigate tricky waters to ensure that the investigation is conducted fairly and that everyone remains comfortable throughout the process.

But what if your employee feels like she’s being treated unfairly? What if your employee becomes so uncomfortable that he/she begins looking for another job? What if you fear the repercussions of this investigation will bleed over into every department?

There could be several sensitive factors in play during any workplace investigation, but here are three ways to deal with them.

 

Communicate the Process from the Start

No matter how sensitive the investigation, your employees should know exactly what they are supposed to do. For example, they should know who they should report to, how they should report the incident, and how long the investigation will take.

If you work in a large organization with many HR procedures, your employees may already know this information. If not, communicating the process in detail will ensure that your employees don’t feel blindsided by the investigation.

A good way to communicate this information is by including it in an employee handbook. Your handbook is something employees will have access to in both professional and personal settings – so it’s a good place to start. If your organization doesn’t have a handbook, you can easily create one using a website like Squarespace.

 

Be transparent about your HR policies and investigations

As you conduct your investigation, make sure your employees understand why you’re asking a particular question or requesting a certain piece of information. If your employee feels like you’re constantly asking for more information than necessary, their experience of this investigation could become unbearable.

Conducting investigations can be time consuming and emotionally draining. Keeping the lines of communication open with your employee will help you get through it faster. If your employee is confused about why you’re asking a certain question, they may assume the worst. This can set them up to feel like the investigation is rigged against them – which will make the rest of the investigation even more uncomfortable.

 

Be transparent about the reasons for the investigation

Your employee might be wondering why this investigation is happening in the first place. If it isn’t related to a complaint they have made, maybe they are just worried about being investigated for no reason. If you’re conducting an investigation that is unrelated to any complaint made by your employee, make sure they understands the reasons for it. You may not be able to give them additional information, but you can let him know that the investigation has nothing to do with them.

If you conduct a sensitive investigation and don’t reveal the reasons for it, your employees will be left to assume the worst. They may think that you’re targeting them because of their age, race, gender, etc. If you don’t make clear that the investigation has nothing to do with any protected class, your employees may feel forced to quit.

 

Allow your employees to have a voice – even during sensitive investigations

It’s important to remember that even during sensitive investigations, your employees deserve a voice. If there is anything they would like to be added to the investigation, ask them to submit a memo.

If you’re conducting an investigation into discrimination or harassment, your employee may feel like he can’t have a voice or contribute to the investigation. If you conduct your investigation in a way that allows for a voice, they may feel more comfortable participating in the process. If your employee is experiencing discrimination or harassment, they may be afraid that speaking out will make the situation worse. Assure them that you’re conducting an investigation so that the situation can be resolved once and for all.

 

Conclusion

It’s important to remember that no matter how sensitive the investigation is, you must conduct it fairly. If your employee feels like he’s being treated unfairly during the investigation, they may file a complaint with HR or management.

When conducting investigations into sensitive situations, keep the following tips in mind: communicate the process from the start, be transparent about your HR policies and investigations, be transparent about the reasons for the investigation, and allow your employees to have a voice. By doing so, you can conduct a fair and comfortable investigation even when the situation is sensitive.

For more info on conducting sensitive workplace investigations Click Here.

details of Fairwork Australia Workplace Investigations

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How to Fix a Toxic Work Culture: A Guide to Creating a Positive Workplace

By on

5 October 2022

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A Guide to Creating a Positive Workplace

https://jolasers.com.au/hr-investigation-melbourne/Toxic work environments are a negative, stressful place to be. They’re filled with fear, mistrust, and constant criticism. The people you work with seem more like adversaries than colleagues. The culture at your office makes it almost impossible to trust your coworkers or feel comfortable sharing ideas.

All of these things can change because toxic work cultures are not permanent. You can change the way you work together as a team. You can create a positive culture that is collaborative, trusting, and productive so that everyone looks forward to showing up for work every day again.

Read on for our guide on how to fix a toxic work culture – fast!

 

Communicate and listen to understand

Communication is the foundation of any healthy workplace. If you don’t feel like you can share your ideas or don’t trust that the other team members are listening to what you have to say, it’s nearly impossible to feel good about your job. One of the best ways to begin to address a toxic culture at work is to start communicating better.

This means being more conscious of the messages you’re sending to others, and how that’s impacting the way people feel in the office. It also means being more conscious of how you’re receiving information from others. Are you ready to hear what your colleagues have to say, or are you only interested in sharing your own ideas? Being a good communicator means listening to understand.

 

Don’t wait for meetings to communicate

Meetings are an essential part of any office culture. However, they often lead to more stress and frustration than they solve. Waiting for a meeting to discuss something that could be handled in a few sentences over email doesn’t make sense. It wastes valuable time that could be used to accomplish more. It also makes everyone involved feel bogged down and overworked.

It can be easy to fall into the habit of waiting for a scheduled meeting to discuss simple issues. But doing this can create a culture where meetings feel necessary for everything. This can lead to people scheduling meetings for the sake of having a meeting.

This is the opposite of what you should be doing. Instead, try to avoid scheduling meetings for simple issues that can be handled in a sentence or two over email. See if you can handle the issue without a meeting, and if not, communicate about it in a quick, efficient meeting.

 

Build a sense of trust

Trust is the foundation of any positive workplace culture. If your employees don’t trust each other or the people they work for, they won’t feel safe sharing ideas or speaking up about issues they see.

This will cause them to become less efficient, less productive, and create a negative work environment.

One way to build a sense of trust at work is to hold what Harvard calls “safe meetings” where you outline the ground rules of how you want your team to communicate with each other. This could mean no one is allowed to interrupt anyone else, or it could mean that everyone is expected to speak thoughtfully and not just state their opinion.

You can also hold regular team-building exercises as a group to help everyone get to know each other better so there is a sense of trust between coworkers.

 

Foster collaboration and efficiency

Another way to create a positive workplace culture is to make sure that your team is collaborating effectively and efficiently. Collaboration is a key part of creating a positive work environment.

When you encourage your team to discuss different ideas and solutions, you allow everyone to share their creativity and insights. You also allow everyone to feel more involved in the work they do and invested in the outcome of their projects. Collaboration also helps to create efficiency by allowing everyone to share their knowledge and expertise with others so that no one is doing the same tasks twice.

To foster collaboration on your team, make sure that everyone is actively engaged in the projects they are working on. This means having regular check-in meetings where you discuss challenges, progress, and next steps. It also means encouraging your team to have regular brainstorming sessions where everyone is allowed to contribute ideas and suggestions.

 

Celebrate success together

Finally, make sure that you celebrate your team’s success. Celebrating success is a great way to foster a positive work culture by showing your team that you value their work. It also allows you to build a sense of camaraderie and gratitude between coworkers so that everyone feels a part of the team.

Depending on your type of work, there are many ways you can celebrate success. This could mean taking your team out to lunch, giving out small prizes and gifts, or even just thanking everyone for their hard work and contributions towards a project’s success. Celebrating success also means being ready to accept when something doesn’t go as planned. You want to make sure that you are prepared to handle failure as a team as well.

 

Conclusion

Toxic work cultures are stressful, negative places to be. They’re filled with fear, mistrust, and constant criticism. But all of these things can change because toxic work cultures are not permanent.

You can change the way you work together as a team. You can create a positive culture that is collaborative, trusting, and productive so that everyone looks forward to showing up for work every day again.

 

For a company that has vast experience handling complex workplace investigations call Jolasers Investigations.

 

The definition of a Positive Workplace

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Step-by-Step Guide on How to Conduct Effective Workplace Investigations

By on

4 October 2022

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Step-by-Step Guide on How to Conduct Effective Workplace Investigations.

A workplace investigation is an activity conducted by a company to investigate and analyze a specific event that has occurred. Workplace investigations are often conducted by companies when there is suspicion of misconduct or other illegal activities occurring within the organization.

 

Workplace investigations can be stressful for employees, supervisors, and managers because they can uncover issues such as discrimination, abuse, or other misconduct that may not be widely known but needs to be addressed.

 

While an investigation may feel like an attack at first, it’s actually a good thing for all involved because it brings issues to light so they can be resolved and trust restored. A workplace investigation does not need to bring stress into your work environment; instead, they should foster a culture of trust and honesty so you can continue working productively with your colleagues in the future.

 

Here are some tips on how you can conduct effective workplace investigations:

 

 

Establish a Culture of Honesty and Transparency

A workplace investigation is not always necessary and could be avoided if employees were more transparent with their supervisors.

 

If you want to avoid workplace investigations, you need to create a culture of honesty and transparency so that your employees feel comfortable being open and honest with one another. This can happen when employees feel accepted, appreciated, and valued by their co-workers, as well as their supervisor.

 

When employees feel cared for and know that they have a voice, they are going to be less likely to feel the need to engage in misconduct, such as stealing from the company, or be reticent about speaking up when they see misconduct happening around them.

 

Set Clear Expectations and Communication Channels

When you set clear expectations for employees about what is expected of them and what is expected of them by their co-workers and supervisors, it helps create a culture of honesty and transparency.

 

Employees should know what is considered acceptable and what is not acceptable within the organization, as well as know how to report issues, concerns, and suspicions they have about other employees or managers. When you set clear expectations, you are also communicating that you care about your employees and want them to feel comfortable coming forward when they have issues, but you also want them to know what is expected of them so they can avoid issues in the first place.

 

Define Scope

Before you even begin to conduct your workplace investigation, you need to define the scope of the investigation to avoid going off track and wasting time, energy, and resources.

 

You can decide to investigate a single employee or a group of employees, a single incident or a series of incidents, or a specific department or section within your organization. You can also decide how far back in time the investigation will go. The further back in time you want to go with your investigation, the more work you are going to have to do as more information may have been lost or destroyed over time.

 

Next, you need to determine what your goals are for the investigation. Why are you conducting an investigation? What are you trying to determine or prove with the investigation? What are you hoping to find out? What questions do you hope to answer? The clearer you are about what you are investigating and why, the easier it will be to stay on target with your investigation and avoid getting sidetracked.

 

Select the Investigator(s)

Once you have defined the scope of your investigation, you need to decide who will conduct the investigation and what their qualifications are.

 

While you could conduct the investigation yourself, most times you will want to bring in a third-party investigator (someone outside of your organization) to conduct the investigation. You can choose from many different types of investigators, such as an independent investigator, a private investigator, or a third-party investigator.

 

Whichever type of investigator you decide to bring in, make sure they are qualified and have experience conducting workplace investigations. You want to make sure that your investigation is conducted properly so you can trust the findings. When deciding who will conduct the investigation, you also need to consider what biases and/or relationships they have that could influence their findings.

 

Prepare Interviewing Strategies and Questions

Once you have decided what you are investigating, what your goals are for the investigation, and who will conduct the investigation, you need to prepare your interview strategies and questions.

 

Your interview strategies and questions should be based on your goals for the investigation. You want to make sure you ask questions that are relevant to your investigation so you can get the answers you are looking for. You do not want to ask questions that are too vague or open-ended that they would get you no answers. You also don’t want to ask questions that are too specific that they could be easily answered.

 

Make sure you have a wide range of questions prepared so you have plenty of options to choose from, but also have some questions that are open-ended. Make sure to use a variety of different interview strategies and questions for each person you interview. While you may have a specific set of questions for one person, you may have a different set of questions for another person. This way, you cover all your bases and get the information you are looking for.

 

Hold the Interview(s)

Once you have prepared your interview strategies and questions, it’s time to hold the interviews. Depending on the type of workplace investigation you are conducting, the interviews you need to conduct could be one-on-one, one-on-few, or one-on-many.

 

It’s important to remember that the people you interview are under no obligation to cooperate with you and are not required to disclose anything they do not want to disclose. It is important to remember that you are conducting an investigation, not an interrogation. Interrogations make people nervous because it feels like an attack, whereas an interview where you are seeking information feels more like a conversation.

 

Make sure to take some time to prepare before each interview so you feel connected and are ready to go with your interview strategies and questions. Make sure you are relaxed and ready so you can receive the information you need from the interview. Stay focused, be kind, and be professional. You want to make sure that the interview stays on track and gets the information you need.

 

Wrap-Up

Finally, you need to wrap up your workplace investigation. This is what will help ensure that the investigation was effective because it will help bring closure to the situation. When you wrap up the investigation, you need to recap what you discovered, what you learned, and what you plan to do moving forward as a result of the investigation.

 

You want to make sure that all your employees know what happened, what was discovered, and what the company is going to do moving forward as a result of the investigation. This way, everyone feels informed and included, and they can move forward with a clean slate knowing that the issues were addressed and the organization is moving in a positive direction. Plus, wrapping up the investigation will help you learn from it so you can make any necessary improvements and avoid conducting another investigation in the future.

Click Here for information regarding Jolasers Investigations assisting you with your Melbourne Workplace Investigation.


Legal definition of a Workplace Investigation…

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Save Your Company From Sexual Harassment Scandals

By on

3 October 2022

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Create New Hiring Policies That Will Save Your Company From Sexual Harassment Scandals

The recent outbreak of sexual harassment scandals has highlighted the risks associated with hiring employees, as well as the company’s existing hiring policies. It is no longer sufficient to rely on standard interview questions and resume screening when vetting job candidates. The risk of sexual harassment lawsuits means that companies must take further steps to protect themselves from potential liability. In response, many businesses are revising their hiring policies and practices to include more thorough vetting procedures and safeguards against liability. These changes will help protect your company against future scandals involving inappropriate behavior in the workplace. Let’s take a look at some best practices that you can implement today to reduce the risk of sexual harassment in your company.

 

 

Hiring Basics: Know the Signs of Sexual Harassment

Sexual harassment is a type of discrimination that occurs when a person is targeted for unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct because of their gender. Sexual harassment can occur in many different contexts: At work, on the street, in schools, in places of worship, and in many other settings. Sexual harassment is a form of discrimination that violates Section 28A of the Sex Discrimination Act 1984 (Cth). The core principle of sexual harassment is that certain forms of unwanted or unwelcome sexual conduct is so severe or pervasive that it creates a hostile or offensive work environment or results in an adverse employment decision.

 

Train Internal Employees on How to Recognize and Report Harassment

In order to avoid sexual harassment lawsuits, it is critical to train your employees on how to recognize and report harassment incidents. Employees who feel safe reporting harassment will be more likely to report incidents. This will help you to identify potential problems before they escalate into lawsuits. For instance, your employees should be trained to report instances of sexual harassment such as aggressive or lewd comments, unwanted sexual advances, and sexually suggestive images or comments displayed at work. This training should be mandatory and included as part of your company’s onboarding program.

 

Create a Written Interview Protocol

A written interview protocol will help you to keep a consistent approach to interviewing job candidates. It will also enable you to identify potential red flags during the interview process. The best way to implement a written protocol is to conduct interviews in private offices, rather than open-plan offices or conference rooms. This will allow you to maintain discretion and ensure privacy during the interview process. When conducting interviews, it is critical to ask questions that go beyond basic resume information. You should ask candidates about their past experience and how they would approach specific challenges. You should also adopt a set of questions that are designed to reveal potential red flags and problematic past experiences.

 

Implement Background Checks

If the candidate is currently employed, you can use a reference check to confirm the facts in their resume and spot potential discrepancies. A background check can provide greater insight into the candidate’s past experiences, skills, and education. It can also reveal any past indiscretions or criminal convictions that are not listed on the candidate’s resume. For example, you should use a background check to confirm the candidate’s education and verify that they attended the schools they claim to have attended. You should also use a background check to look for any signs of misconduct or criminal convictions.

 

Create a Code of Conduct

A code of conduct is essential in reducing the risk of sexual harassment in your company. You should create and implement a detailed code of conduct that clearly outlines the types of behavior that is prohibited in the workplace. A code of conduct should include information on how to report unwanted sexual advances or misconduct, as well as instructions on how to report violations of the code of conduct. A code of conduct should clearly state that sexual harassment of any kind will not be tolerated. It should also include instructions on how to report sexual harassment, either directly or anonymously. It is critical to share the details of your code of conduct with all employees, including management and executives. You can also include it in your employee onboarding program to ensure that all employees are aware of the rules.

 

Conclusion

The recent surge in harassment scandals has highlighted the risks associated with hiring employees, as well as the company’s existing hiring policies. One way to reduce the risk of sexual harassment in your company is to revise your hiring policies and practices to include more thorough vetting procedures and safeguards against liability. These changes will help protect you against future scandals involving inappropriate behavior in the workplace.

Click Here to determine if Jolasers can help with your Melbourne Sexual Harassment investigation

For the definition of Sexual Harassment 

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HR Investigation Melbourne

By on

15 August 2022

- workplace investigation

We're Investigation Experts, So You Don't Have To Be!

Many companies assign their HR representative to lead a Melbourne workplace investigation. This works occasionally but is generally regarded as a poor strategy.


Jolasers HR Investigations has a team of professional investigators who can conduct an impartial internal HR investigation for you. Their years of experience and expertise in this area make them the best choice for your organisation. 


Jolasers will conduct a thorough investigation into your employee’s allegations or complaints and provide you with a detailed report of their findings. 


Whether it is a serious allegation of misconduct or a dispute between employees, Jolasers can handle your HR investigation with professionalism and discretion. 


Contact us today to find out more about how we can help you. Call 0418 101 164 to discuss your workplace HR investigation needs.

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Melbourne Bullying Investigations are THE Experts in All Things Related to Melbourne work place investigations. Do yourself a favor and get in touch with us right now.

 

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The Importance of Human Resources Investigation for Employers

Human resources investigation is a broad term used to describe the investigative activities undertaken by an employer when there is some form of misconduct, poor performance, or other issue that needs to be resolved.

 

Given its importance as one of the main pillars of any business, we have put together this article so you know exactly what Human Resources Investigation entails and why it’s so important for your company.

 

Why is HR Investigation Melbourne Important?

Many businesses have clear policies and procedures in place for dealing with employee issues, especially in relation to terminations. Unfortunately, this is not always the case and even when policies are in place, they are often not followed.

 

When an HR investigation is not performed, you could lose key staff, incur unnecessary expenses, and even face legal issues.

 

An investigation is necessary to determine what went wrong and why. It gives you a clear idea of what the problem is and how it can be resolved. It allows you to have a record of what occurred, who was involved and when. This can help prevent misunderstandings, especially if the issue is ongoing and in relation to more than one employee. It can help strengthen your company policies and procedures by providing you with a clear idea of what went wrong and how to prevent it.

 

When is Melbourne HR Investigation Necessary?

A thorough investigation by HR is often necessary when:

There is a suspicion of fraud or other criminal activity, particularly when you’re dealing with public or government funds.     Anyone who has access to these funds must undergo a thorough background check to ensure they’re not a criminal.

 

You have an employee who is underperforming. If an employee is not meeting their goals, is frequently taking sick days, or is otherwise not pulling their weight you need to determine what the problem is and how to resolve it.

 

You have an employee who is not working out. Whether they’re exhibiting unacceptable behavior or are just unable to do their job, you need to determine what the problem is and how to resolve it.

 

Types of Human Resources Investigations

There are many types of human resources investigations, and the type of investigation you conduct will depend on the issue at hand.

The most common types of HR investigations are:

 

Background Check – A background check is used to determine the past work history of your potential or current employees. You can also use a background check to determine the criminal history of your employees. A background check is often done through a private investigator.

 

Employee Theft Investigation – Employee theft happens when an employee steals from their employer. In this type of HR investigation, you will likely have your employees fill out a detailed timesheet tracking their time. You will also likely have supervisors oversee their employees in order to prevent theft.

 

Employee Termination Investigation – When you terminate an employee, you will almost always need to do some form of HR investigation. This is because you will want to know if they have committed any wrongful acts or if they are entitled to any benefits.

 

Sexual Harassment Investigation – Sexual harassment is a form of discrimination that happens when an employer or other employees in a workplace make unwanted sexual advances on a fellow employee. This could also include comments or other acts that are offensive.

 

Wrongful Termination Investigation – When an employee is fired, they may file a wrongful termination lawsuit against you. In order to avoid paying out on these lawsuits, you will want to determine if the termination was warranted.

 

The Importance of Due Diligence in HR Investigation

When an employee is terminated, you will most likely have to provide them with a form of due diligence. This is done to let the employee know that their termination is not linked to discrimination, wrongful termination, or some other issue. For example, if you terminate an employee for poor performance, you would need to issue them a form of due diligence.

 

When issuing termination due diligence forms, you will likely have to provide them with a reason for termination. This is where due diligence in HR investigation comes into play. If you do not have proper reasons for termination, you could face legal issues. You will want to make sure that your reasons for termination are valid and that they are not discriminatory in any way.

 

Conclusion

A human resources investigation is necessary in virtually any business environment. Whether it’s to determine if an employee has stolen from the company, or if there has been sexual harassment in the workplace, HR investigations are essential to a company’s success.

 

When conducting an HR investigation, you should make sure that you follow the correct protocol and that you gather as much evidence as possible. This will make it easier to come to a conclusion and will also protect you from any false accusations.

 

HR investigations can be fraught with danger and therefore it is advisable to engage Jolasers to undertake your workplace investigation.

 

Jolasers have a long history of providing professional workplace bullying investigations. You may wish to consider engaging us to conduct an investigation into any workplace investigations that you have.

 

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What are the complexities of a HR Investigation

The first complexity is determining whether or not an investigation is actually needed. This can be difficult to assess, as it may require looking into sensitive and personal employee information.

 

Once it is determined that an investigation is needed, the next issue is deciding who will conduct the investigation. This is important, as the investigator needs to be impartial and objective.

 

The next step is to gather evidence. This can be difficult, as employees may be reluctant to share information.

 

After evidence is gathered, the next complexity is deciding what to do with it. This can be difficult, as there may be conflicting information or there may not be enough evidence to make a determination.

 

The next step is establishing the facts of the case and determining whether the facts constitute misconduct and applying the relevant company policies.

 

The investigator must then make a determination as to whether the misconduct warrants disciplinary action and deciding on the appropriate disciplinary action.

 

Finally, the last complexity is communicating the results of the investigation to the relevant parties. This can be difficult, as it may be necessary to share sensitive information.

  

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workplace investigation

Workplace Investigations Melbourne

By on

30 July 2022

- workplace investigation

Has An Employee Made A Complaint That Needs To Be Investigated?

Are you weighing up whether to investigate the matter internally, and can you be confident an internal  investigation would be impartial?

If you conduct an internal investigation, you run the risk of one of the parties alleging the investigation was biased against them. 

Should the complaint end up in a Fairwork Australia hearing, are you confident an internal investigation would be seen as fair?

Since 2005 Jolasers Workplace Investigations has built a reputation for conducting thorough and decisive investigations into all types of workplace issues around Melbourne.

 

We have undertaken complex workplace investigations in the following areas:

  • Bullying

  • Harassment

  • HR Matters

  • Sexual Harassment

  • Fraud

 

As an independent and professional private investigations company, we are dedicated to revealing facts through meticulous evidence collection, detailed interviews, and comprehensive data analysis. Our approach ensures that every decision you make is informed and legally defensible.

 

We have conducted investigations in a multitude of businesses, including local government, universities, the disability sector, construction and numerous other small to medium sized businesses.

 

We have a long history of conducting workplace investigations where all persons involved believed they were treated fairly and with respect. This is important in limiting the damage to relationships in the workplace as much as possible. 

We believe that we can quickly build rapport with all persons involved and make the process as easy as possible for all persons involved. People are generally nervous when faced with a workplace investigation interview, and we try and make the process as pain free for all participants as possible, at the same time ensuring we obtain detailed and accurate information.

If you have received a complaint, you need to act fast as these types of issues tend to quickly escalate, and can be costly, especially if a person is suspended on full pay as a result of the complaint.

 

Contact us on 0418 101 164 today for a free initial confidential discussion.

Act now! Resolve any issues in your business quickly with Jolasers professinal workplace investigations.

 

Call Stephen Oliver anytime on 0418 101 164 to discuss your Melbourne Workplace Investigation needs.

 

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About Jolasers Workplace  Investigations

Jolasers Workplace Investigations  are THE Experts in All Things Related to Melbourne work place investigations. Do yourself a favor and get in touch with us right now.

 

 

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Different types of workplace investigations undertaken by Jolasers

Discrimination InvestigationA discrimination investigation is conducted when an employee alleges unfair treatment based on protected characteristics such as race, gender, age, religion, or disability. The investigation aims to determine if discrimination has occurred and to take appropriate action to address it.
Harassment InvestigationHarassment investigations are initiated when an employee reports unwelcome behavior, such as verbal, physical, or sexual harassment, creating a hostile work environment. The investigation aims to gather evidence, interview relevant parties, and take necessary steps to prevent further harassment and ensure a safe workplace.
Retaliation InvestigationRetaliation investigations occur when an employee claims adverse actions were taken against them in response to engaging in protected activities, such as reporting misconduct or participating in a workplace investigation. The investigation aims to determine if retaliation occurred and to protect the employee from further harm.
Misconduct InvestigationMisconduct investigations are conducted when an employee is suspected of violating company policies, rules, or ethical standards. The investigation involves gathering evidence, interviewing witnesses, and determining the appropriate disciplinary actions, which may include warnings, suspensions, or termination.
Whistleblower InvestigationWhistleblower investigations are initiated when an employee reports illegal or unethical activities within the organization. The investigation aims to protect the whistleblower, gather evidence, and take appropriate actions to address the reported misconduct, which may involve legal measures or internal reforms.
Workplace Violence InvestigationWorkplace violence investigations are conducted when there are reports or concerns about threats, physical assaults, or other violent incidents in the workplace. The investigation aims to assess the situation, ensure employee safety, and implement preventive measures to mitigate the risk of future violence.
How to Deal with a Workplace Investigations

‍

A workplace investigation involves a detailed review of an employee’s conduct or performance at work. It is often initiated by the employer when they suspect an employee of misconduct.

 

Workplace investigations can be scary and challenging, but you don’t need to stress. There are strategies you can use to manage the process and protect your interests.

The scope of a workplace investigation may vary depending on the nature of your role or organisation, but it will almost always involve some form of verbal or document interview with HR representatives, colleagues, managers, or third-party investigators.

 

This article covers how a workplace investigation works, what kind of issues they usually involve, how to prepare for one and what to do if you receive notification that you’re being investigated at work.

 

What Is a Workplace Investigation?

A workplace investigation is a review conducted by HR, management or a dedicated Investigations company to understand an employee’s conduct or behaviour at work.

 

The workplace investigation may be initiated for a number of reasons, including:

– A complaint from a colleague, client, or customer.

– A serious accident or injury that may have been caused by an employee’s negligence.
– An allegation of sexual harassment or discrimination.
– Suspicion of fraud or theft of company assets.
– A major violation of company policies.
– An incident that may result in disciplinary action against an employee.
– Concerns about an employee’s ability to perform their role which may require reassignment due to health or safety reasons.

 

Reasons for a workplace investigations

Workplace investigations are not punishments, but an ordinary part of business. They are a way for organisations to resolve complaints and achieve a fair outcome.

When workplace investigations are conducted correctly, they can improve morale and trust in leadership, as well as protect employees from discrimination and other forms of misconduct.

 

There are a number of reasons why your employer may choose to open an investigation. It could be due to the nature of your work, a serious accident, or a written complaint. It may also be a result of company policy violations, fraud allegations, or a misunderstanding between you and a colleague or manager.

 

An employer will conduct an investigation if they suspect that an employee has done something wrong, even if the employee doesn’t think they have done anything wrong. They will be trying to find out what actually happened. It’s important to know that an employer should not assume that an employee is guilty just because they are conducting an investigation.

 

What happens during a workplace investigation?

In general, investigative processes is meant to be fair and balanced, but the particular process and outcome of each investigation can vary from organisation to organisation.

 

During the investigation, an employee will likely be asked to provide pertinent documents and be interviewed by the person conducting the investigation. This may occur in person or remotely through video conferencing.

 

Employee Rights During an Investigation

There are a few basic rights that employees should be aware of during the investigative process. An investigation doesn’t always result in disciplinary action. It can be used to gather information and clarify events that were previously misunderstood.

 

An employee has the right to know why they are being investigated.
– They have the right to know what rule they broke or what part of their job they are being investigated for.
– An employee also has the right to representation.
– They have the right to receive a fair investigation.
– An employee has the right to not participate in the investigation but that is usually a poor decision as the investigator will interview all parties and therefore if you refuse to participate in the investigation, you lose the opportunity to present your version of events.

 
 
Strategies for Employees to manage the process

There are certain strategies and best practices that you can use to help you manage the investigative process and protect your interests.

Stay Calm. If you’ve received a notification about an investigation, it’s normal to be anxious. You should take some time to compose yourself and gather your thoughts before you respond to a request for information.

 

Understand the investigation process. Depending on the nature of the investigation, you may have to provide documentation, access to your computer, or interview with HR representatives, managers, or third-party investigators. Be prepared for a long process if you have a lot of information to gather for your employer.

 

Gather all information required by your employer. This includes providing copies of written communications, digital records, and supporting documentation to help clarify the events in question.

 

Plan your response. Rushing to respond to an investigation notification may result in a mistake. It’s recommended to take some time to construct a thoughtful and thorough response.

 

Get help if you need it. If you feel that you don’t have the skills to handle the investigation on your own, get some help.

 

Keep an open mind. You don’t know what events led up to the investigation, so you don’t know what details may be missing from your perspective.

 

Be respectful. If you receive a letter or email from your employer regarding an investigation, be respectful and respond accordingly.

 

Stay positive. You are likely under a lot of stress, but try to stay positive and focused on the outcome that you want.

 

Don’t jump to conclusions. It’s easy to assume that you know what led up to the investigation, but you don’t. Keep an open mind and let the investigation play out.

 

Don’t self-impose disciplinary action. During an investigation, it’s normal to be frustrated and feel that you want to jump in and fix what you think is wrong. Resist the urge to impose disciplinary action on yourself. Let the process play out and let your employer make the final decision.

 

Wrap-up

An investigation usually happens when someone has reported a problem. It could be a colleague, customer, or manager.

 

Employees are not required to participate in an investigation if they don’t feel comfortable doing so. However, it is generally a good idea to participate to provide your version of events.

 

An employee has the right to remain silent and decline to answer any questions.. Even if you are not the one being investigated, an investigation can be stressful and scary. Stay calm, take care of yourself, and follow these tips to help manage the process and protect your interests.

 

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Workplace Investigations FAQ‍

What is a workplace investigation?

An investigation is when you hire a team to look into an allegation raised against your business. The goal is to find out what happened, which can be helpful for HR, for the company’s insurance, and for the people involved.

 

Investigations can be any misconduct claim, including sexual harassment, discrimination, fraud, theft, and more. Sometimes, HR departments aren’t equipped to handle sensitive matters on their own, so they hire outside investigators as a third party who can help collect and analyze evidence.

 

 

Why do workplace investigations happen?

Investigations are usually triggered by two types of events — a complaint or an audit.

Complaints are raised by employees about their work experience, often about fellow employees. Investigators often become involved when a complaint is made, or when a company is audited.

 

Who runs the investigation?

There are different types of workplace investigations, and each comes with its own set of pros and cons.

Internal investigations – These are conducted in-house by HR or a business owner, who often have limited experience with investigating crimes. They’re usually more concerned with protecting the company’s reputation than gathering facts, so they may miss significant information that could help resolve the situation.

Third-party investigations – An outside agency handles the investigation, which could be particularly useful if your company has a lot of sensitive data that needs to be kept secure.

Law enforcement investigations – This is triggered by an arrest, charge, or other legal event. While the police can help with certain situations, they might not be able to investigate certain issues like discrimination claims.

Where do workplace investigations happen?

Investigators may conduct their interviews with both employees and employers at any location that’s convenient for both sides. The key is to make sure the location is private and confidential — that way, people can be honest without worrying that their words will be shared with other people or groups.

Some investigations will require the use of a private investigator’s office. Private investigators have experience with conducting interviews in an office environment, can maintain privacy and confidentiality, and are often better equipped to handle interview situations that may become volatile.

 

How long do Workplace Investigations take?

Investigations can take as little as a week or as long as several months, depending on the complexity of the issues involved.

 

Can we stop and restart an investigation after it’s been running for a while?

Yes. It’s not uncommon for an investigation to stall out or go off track, particularly if it’s an internal investigation. Sometimes, the parties involved stop cooperating with the process, or they may have trouble reaching a mutually satisfactory conclusion. But if you decide you need to restart the investigation, there are a couple of things to keep in mind.

You may need to write a new contract and pay for a new investigation
— So make sure you’re clear about what you want to investigate and what the parties are promising to deliver before you start. You may want to rebrand the investigation
— the retooled investigation can help you get back on track to a more successful conclusion.

 

What can we do to make workplace investigations easier?

There are a few steps you can take to make workplace investigations go as smoothly as possible for everyone involved.

Practice good record keeping — This can help you identify trends and improve your policies, helping to prevent future problems from arising.
Investigate each complaint thoroughly — Even if the complaint doesn’t turn out to be valid, you should learn from it.
Don’t ignore complaints — Even if they seem frivolous, they could be signposts to bigger issues.
Investigate fraud or theft promptly — These types of investigations need to be handled as urgently as possible.

If you hire an investigator, make sure you know what the investigator’s role is, and make sure the investigator understands that they are working for you.

 

What should we do if an employee files a complaint against us?

Sometimes, an investigation is initiated by an employee. If an employee files a complaint against your business, try to be as helpful as possible.

If you’re able to resolve the situation quickly, you might be able to end the investigation before it goes any further.

 

If you’re unable to resolve the situation quickly, try to get in touch with the employee’s representative as soon as possible. This helps you understand the employee’s concerns and gives you time to gather evidence that helps your side of the story.

 

What should we do if an employee files a complaint against another employee?

This is an investigation that you’ll need to run, perhaps with the help of HR.

 

If you receive a complaint about another employee, you first need to decide if the complaint is something you can handle. If it’s minor or internal company policy related, you may be able to handle it. If it’s serious or outside your ability to handle it, you need to escalate it so a different team can handle it, such as HR or the legal team.

 

Once you’ve decided what to do with the complaint, make sure you follow the appropriate process, whether it be in-house or through HR or engaging a professional investigation company.

 

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Melbourne Vic 3004

 

 

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misconduct

Misconduct Investigation Melbourne

By on

16 July 2022

- misconduct

Jolasers Investigations Have Over 16 Years Experience Conducting Complex Workplace Misconduct Investigations in Melbourne.

Many companies assign their HR representative to lead a misconduct investigation in Melbourne. This works occasionally but is generally regarded as a poor strategy.

 

A HR investigation of workplace misconduct is the best example of why third parties are needed. To be successful, an investigation must be independent and impartial, with no connections to either party.

 

Because the external investigator is coming in without any previous involvement, and initially are not as familiar with the situation as employees, and can ask follow-up queries that might otherwise be missed.

 

An external investigator is the best way to ensure that this occurs. A qualified investigator can ask tough questions with minimum negative reactions, thus getting the whole story.

 

Call 0418 101 164 to discuss your workplace misconduct investigation needs.

 

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Info Regarding Work Place Misconduct Investigations In Melbourne?

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  1. Misconduct Investigation Melbourne
  2. Melbourne Workplace Misconduct Investigation
  3. Melbourne Workplace Investigations
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External Misconduct Investigations: How to Protect Your Company

Misconduct at work can be defined in many different ways. Depending on the industry and company, misconduct can take on many different forms. Some examples of misconduct include intentional wrongdoing, unethical behavior, failure to report a breach or violation of a company policy. In some cases, it can also involve a conflict of interest that interferes with an individual’s ability to make unbiased business decisions. 

 

Each type of misconduct has the potential to significantly impact a company as well as its employees and customers. When it comes to preventing misconduct at work, not all companies are able to anticipate when an employee may engage in inappropriate behavior. However, there are steps you can take proactively to protect your organization from any risks related to employee conduct or performance.

 

Know and understand your company’s policies

When a misconduct investigation begins, the first step an HR representative or manager takes is to determine whether the employee’s actions violate company policy. In order to do so, they must know the company’s policies inside and out. Depending on the level of misconduct, your company may have a pre-existing policy or procedure in place to guide you through the investigation and disciplinary process. 

 

If your company does not have a policy in place for a specific type of misconduct, you will need to create one. In order to create an effective policy, you will want to ask yourself a few key questions. First, you want to determine whether the misconduct falls under the category of employment policy at all. 

 

Some misconduct is not directly related to an employee’s job and would fall under the category of standard human behavior. While this type of misconduct may not be ideal, it may not warrant disciplinary action from the company.

 

Train managers and employees on misconduct procedures and expectations

Having a clear understanding of company expectations and procedures will help managers and employees to avoid misconduct. In the event that misconduct does occur, it will help to have a clear procedure in place to guide the investigation process. 

 

Misconduct and violations of company policies can be hard to identify, especially when they occur behind closed doors or online. In some cases, an employee may not know that their actions are considered misconduct or that they have violated a company policy. 

 

You may be able to avoid disciplinary action or an investigation by having a quick, impromptu training session. When it comes to providing training to your managers, you may want to consider online trainings or educational modules. This can help to ensure that all your managers have the same level of understanding of company policies and expectations.

 

Implement regular trainings and workshops to reinforce company values and expectations

Regular trainings are a great way to reinforce your company’s values and expectations among your employees and managers. When it comes to misconduct, you want to make sure that your employees are aware of how their actions may impact the company. This includes the potential consequences for their actions. 

 

In some cases, you may want to provide additional trainings or workshops that focus entirely on preventing misconduct. Misconduct is often a natural part of human behavior, so it is important to discuss what types of behavior are considered appropriate and inappropriate in the workplace.

 

Be transparent with your employees regarding the reasons you are implementing new policies or procedures

An employee may feel as though they have been unfairly targeted by a company policy change or disciplinary action. In this situation, they may be tempted to assume that they were targeted unfairly. If you are implementing a new policy or procedure, be transparent with your employees regarding the reasons behind it. 

 

This is your opportunity to ensure that all employees understand why the change has been made. Having a clear understanding of the reasoning behind a policy change may help employees to avoid misconduct in the future or avoid any feelings of unfairness.

 

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What You Need To Know About Workplace Misconduct and FAQs

When an employee engages in conduct that is unbecoming of a company’s standards, it can become a serious problem for the business.

In the event that an employee’s conduct creates a hostile work environment or poses a risk to their fellow employees, the organization may need to take action to maintain its reputation and protect its employees.

Here are some things you need to know about workplace misconduct and FAQs related to this topic.

What is workplace misconduct?

Workplace misconduct occurs when an employee engages in behavior that is unbecoming of a company’s standards, whether it be during work hours or in a business context.

Examples of workplace misconduct can include aggressive or violent behaviors, discriminatory actions or harassment, theft, fraud, violation of company policy, or negligence on the part of an employee.

Even if the conduct is not malicious in nature, it can still be considered misconduct if it is in violation of company standards. In many cases, misconduct can lead to termination or another disciplinary action. Other examples of misconduct include falsifying work history or credentials, having a criminal record with a violent history, or having a history of misconduct at previous jobs.

 

Types of workplace misconduct

There are many potential types of workplace misconduct that could lead to termination or disciplinary action, depending on the severity of the situation.

Depending on the issue, the organization may choose to enact counseling or a written warning as a first step. A written warning is documentation of the misconduct and the steps that the employee needs to take to correct it. It is also a record that can be referenced in the future if the misconduct continues or if there are any questions about the issue.

There are a few different types of misconduct that can lead to termination, depending on the circumstances.

Below are a few examples:

  1. Discrimination – Discrimination occurs when an employee treats a person or group of people differently than others based on their characteristics or traits.
  2. Harassment – Harassment occurs when an employee makes another person feel uncomfortable or unsafe at work based on certain characteristics, such as their gender, sexual orientation, race, etc.
  3. Negligence – Negligence occurs when an employee is negligent in their duties or responsibilities, leading to a negative outcome.
  4. Theft – Theft occurs when an employee is caught stealing company property or resources, or is suspected of stealing.
  5. Violation of company policy – A violation of company policy occurs when an employee breaks a rule or regulation of the company.
  6. Violation of company standards – A violation of company standards occurs when an employee does something that goes against the core values of the business.

 

When is workplace misconduct illegal?

There are certain types of workplace misconduct that are illegal, such as discrimination based on certain characteristics and harassment based on those same characteristics. When an employee engages in behavior that is illegal, they have broken the law and the organization may need to take action to protect itself and its employees.

If it is determined that an employee broke a law while working for your business, the organization may need to report it to law enforcement and terminate the employee, depending on the circumstances. Some examples of illegal misconduct include discrimination, harassment, theft, and breaking a non-compete clause.

 

 

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Bullying

Melbourne Workplace Bullying Investigations

By on

4 July 2022

- Bullying

Jolasers Investigations Have Over 16 Years Experience Conducting Complex Workplace Bullying Investigations in Melbourne.

Many companies assign their HR representative to lead a Melbourne workplace bullying investigation. This works occasionally but is generally regarded as a poor strategy.

A HR investigation of workplace bullying is the best example of why third parties are needed. To be successful, an investigation must be independent and impartial, with no connections to either party.

Because the external investigator is coming in without any previous involvement, and initially are not as familiar with the situation as employees, and can ask follow-up queries that might otherwise be missed.

An external investigator is the best way to ensure that this occurs. A qualified investigator can ask tough questions with minimum negative reactions, thus getting the whole story.


Call 0418 101 164 to discuss your workplace investigation situation.

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Workplace Bullying Investigations – Melbourne.

Let’s face it: Workplace bullying investigations aren’t fun. No one likes to think of their organization as one that might have a problem with inappropriate conduct or hostile work environment. And, in most cases, workplaces aren’t like that. However, if you work in HR or another department that handles employee relations on a regular basis, you know that these things can happen. These types of problems are more common than you think, and they have the potential to create significant risk for your company — legally and reputationally. That’s why it’s so important to have processes in place to handle workplace investigations when they arise. Read on for our expert advice on how to conduct an effective workplace investigation and mitigate risks from misconduct or a hostile working environment.


What is a workplace investigation?

A workplace investigation is a thorough fact-finding process used to determine if and how misconduct occurred within the workplace. The investigation may cover a wide range of issues, including sexual harassment and hostile work environment, discrimination, theft, fraud, or misuse of company resources. In many cases, employers are obligated to initiate workplace investigations when certain allegations are brought to the attention of management. Employers may also choose to investigate a particular incident even when there is no obligation to do so.


Why is conducting an effective workplace investigation so important?

Investigations are crucial when there has been a complaint or allegation of improper conduct at work. They can help determine the facts of the situation, identify potential liability issues, and protect both the organization and the individuals involved. In an ideal world, no one would have to go through this process — but the reality is that workplaces are imperfect environments and issues will arise. When they do, you need to have a process in place to investigate and address them in a timely and thorough way. When you investigate issues promptly, you can minimize the risk that they become bigger problems down the road. This can help protect your organization’s reputation and legal standing, and ensure that people feel safe on the job.


Create a culture of transparency during the investigation

There will likely be an inherent level of discomfort among employees during an investigation, as people may feel nervous about what’s about to happen. This is normal and expected — but it is also important to help people understand that the investigation is an open process. You should let employees know exactly what will happen as the investigation progresses. This includes who will participate and how, where the investigation will take place, what the process will look like, how long it will take, and how the results will be communicated. Let your team members know that they can ask questions at any time, and that they should feel free to speak up if they have concerns or think they have information that will be useful. This will help create a transparent atmosphere that will help people feel more comfortable and supported through the process.


Develop a process to handle investigations quickly and efficiently

How you handle investigations will go a long way toward determining how effective they are. You should have a process that you follow in every workplace investigation, regardless of the issue being examined. This will help you make sure every investigation is thorough and consistent. It also ensures that everyone involved is treated fairly, and that people are given the opportunity to provide their perspective. This includes having a clear starting point for each investigation — such as the findings of a complaint or the results of a risk assessment — and clearly defining the objectives you want to achieve. Let your employees know what the process will look like, and encourage them to be a part of it. This will help make the investigation more efficient and build trust within your team. It will also help to protect your organization from any potential lawsuits related to the investigation.


Hold disciplinary meetings based on your findings

Even if you find no evidence of wrongdoing, you should still conduct an investigation. This can help clear your employees’ names and show that you take their concerns seriously. What happens next will depend on the results of the investigation. If you find that misconduct occurred, you will need to decide what disciplinary action to take. Most employers have a disciplinary policy that specifies the types of problems that can result in termination, as well as the process for determining disciplinary action. You should follow this process carefully, as it could help to protect your organization if someone decides to challenge the disciplinary decision in court.


Conclusion

When it comes to workplace investigations, you need to be thorough and efficient. To do this, you need a process that includes having a clear starting point for each investigation and clearly defining the objectives you want to achieve. Leaders should also let their employees know what the process will look like, and encourage them to be a part of it. You also need to create a culture of transparency during the investigation, and develop a process to handle investigations quickly and efficiently. When workplace investigations are done well, they can help protect your company from significant legal and reputational risks. They can also help build a culture of transparency, trust, and open communication among employees — which is always a good thing.


Jolasers have a long history of providing professional workplace bullying investigations. You may wish to consider engaging us to conduct an investigation into any workplace investigations that you have.

 

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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. 

 

 
 

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