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Avoid the Rush to Terminate.

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28 November 2022

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Termination is one of the last resort actions within an organization. Why? Because it almost always signals a failure somewhere and sends a negative message to current and prospective employees.

 

Termination also triggers severance pay, unemployment benefits, and other complications that most organizations work hard to avoid.

 

In fact, there’s no faster way to destroy your employee brand than terminating a large number of employees for performance issues. Unfortunately, that’s not where the missteps end. When considering termination as an option, we recommend avoiding these common pitfalls:

 

Don’t terminate for the wrong reasons.

Every organization has a different set of expectations for employee performance, but for most companies, a serious performance issue is the last thing on their list.

 

If you are considering termination, first, make sure you are not making a misstep based on a misunderstanding of the employee’s responsibilities or a misperception of their work. For example, if an IT employee failed to write a system upgrade schedule, that may be a mistake or it may be a sign of a larger problem. You can’t be sure until you ask.

 

Similarly, don’t terminate an employee because of a personality clash or a misunderstanding between the employee and the manager. Better communication, coaching, and mentoring can often resolve these issues. If an employee is performing well in most respects but has one or two issues related to their core job function, you may want to consider a Performance Improvement Plan (PIP) before termination.

 

Avoid using a poor performance improvement plan (PIP) as a pre-step before terminating.

Many companies use PIPs to help employees improve performance before terminating for poor performance. Although PIPs are appropriate in some cases, many companies use them as a pre-step to termination.

 

However, if an employee successfully completes a PIP, they’ve demonstrated they have the potential to improve.

 

If you terminate an employee following a PIP without cause, you risk a discrimination lawsuit. For example, if you terminate an employee who has a disability following a PIP, that employee may have grounds to file a discrimination lawsuit.

 

You can protect yourself by documenting the employee’s performance issue and clearly documenting the terms of the PIP. Include clear expectations and a clear completion date. Follow up with the employee at regular intervals to monitor their progress on the PIP.

 

Don’t terminate without having a record of why you are making the decision.

Terminating an employee for poor performance is risky. Termination is a serious step that can seriously damage your employee brand. As a result, before terminating an employee for poor performance, you must document the employee’s performance issues and the record in writing.

 

One of the biggest mistakes organizations make is terminating an employee for performance issues without having a paper trail that supports the decision. An employee who has been terminated for poor performance can file a wrongful termination lawsuit.

 

If you terminate an employee without the appropriate documentation, you may lose the suit and the terminated employee may win severance. If you terminate an employee with the appropriate documentation, they may still file a wrongful termination lawsuit but they will almost always lose.

 

Don’t rush the decision to terminate based on emotion.

In most organizations, poor performers elicit strong emotions, such as frustration and disappointment. As a result, you may feel the urge to make the termination decision quickly. Don’t do it.

 

If the employee is a good performer but has one or two major performance issues, you may be able to help the employee improve their performance. If the employee is a poor performer, you may be able to help the employee improve their performance if you give them time, coaching, and mentoring.

 

Terminating an employee for performance issues is a last resort after every other option has failed, so don’t rush the decision to terminate. Make sure you have exhausted every option before you decide to terminate.

 

When deciding whether to terminate an employee for performance issues, consider the following:

 

 

  • Have you given the employee clear expectations and sufficient time to meet those expectations?
 
  • Is the employee meeting most of the expectations but falling short on one or two core job functions?
 

 

Make sure you have an employee handbook that supports your decision.

 

If you want to terminate an employee with less risk, make sure your employee handbook is up to date and that it supports the decision to terminate. For example, if your handbook calls for progressive discipline, it may not support a decision to terminate for poor performance.

 

Similarly, if your handbook calls for multiple rounds of coaching or mentoring before terminating, it may not support a decision to terminate following a single round of coaching or mentoring.

Wrapping Up.

Ultimately, terminating an employee is a difficult decision that almost always signals a failure somewhere.

 

Terminating an employee is not something you want to do unless you have exhausted every other option and have a paper trail that supports the decision. When deciding whether to terminate an employee, make sure you have a clear understanding of their performance issues, that you have given them time and coaching to improve their performance, and that your employee handbook supports the decision to terminate.

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How Bullying Manifests at Work — and How to Stop It.

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27 November 2022

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Bullying can take many forms. It doesn’t just happen at school or in other social situations; it can also happen at work. However, while many people think of bullying as a rather trivial thing, the effects on the victim can be devastating. And while not everyone who mistreats others at work is doing it as an act of bullying, this is a type of behaviour that can often result in the victim being ostracized and even fired.

 

Bullying is an insidious thing that creeps up on you when you least expect it, so if you recognize any of these warning signs, you need to take steps to put a stop to it before things get out of hand. Read on for more details about how bullying manifests at work and how you can stop it from getting out of control.

 

Recognize the signs of bullying at work

Bullying usually takes place behind closed doors, with the bully targeting individuals who are less powerful than they are. There is often a pattern of behaviour, such as a manager taking offence at something an employee has said and then taking it out on them in some way.

 

Because bullies are often looking to humiliate the people they target, they may engage in subtle forms of harassment, such as raising their voices at employees or making sarcastic comments. Bullying can also take the form of sabotage, such as taking employees’ tasks away from them without giving a reason.

 

Bullying is intentional — and it’s also easy to spot

While most people might assume that bullying is something that just happens, and is a natural expression of frustration, this isn’t the case. If you think someone is bullying you, then you need to make sure you document everything that happens — including instances where you were mistreated but were too afraid to speak up.

 

This will help you to prove your case if you decide to go to HR. If you see bullying taking place, you need to be firm in your response to it. Don’t try to pretend that you don’t see what’s going on, or that you don’t care — as this will only serve to make you a target for the bully as well.

 

It’s also possible for employees to be complicit in bullying

While managers and senior members of staff are often the perpetrators of bullying, it’s also possible for the rest of the staff may be complicit in this type of behaviour.

If you see your colleagues joining in with the bullying, either actively or passively, you must speak up. If you don’t, you might find yourself becoming a target, as bullies often like to silence anyone who tries to stand up for the person they are bullying.

 

When employees feel bullied, they often react by quitting

It’s important to remember that, while bullying can be a very destructive type of behaviour, it isn’t always obvious at first. In fact, it can take time for the effects of bullying to become apparent, meaning that you might not even realize that you have been bullied until it’s too late.

 

If you feel that someone is bullying you, you need to take immediate action. As we mentioned earlier, you should document any events that have led you to feel this way, but you also need to tell your manager.

 

Strategies to help stop workplace bullying

Create a culture of inclusion: There are many different types of people in the world, and when you work with a group of individuals, there is a chance that some of these people might rub each other the wrong way. However, creating a culture of inclusion can help employees feel valued and included, thereby helping to avoid bullying.

 

Hire the right people: While this might sound ridiculous, it’s true. If you are hiring new employees, make sure that you hire the right people — people who share the same values as you and who will fit in with your current team. This will help to put a stop to bullying in your workplace as soon as it starts.

 

Don’t ignore bullying: If you see that bullying is happening at your workplace, you need to take action. Make sure that employees know that you will not stand for bullying, and that you have a clear disciplinary policy that applies to everyone. This will stop bullying in its tracks.

 

Have regular one-on-one meetings: During these meetings, make sure to ask your employees how they feel about the work they are doing. If they feel bullied, make sure that you address the issue immediately.

 

Offer support to employees: Bullying often occurs because an employee feels that they have no other options. Make sure that your employees know that they can turn to you for help.

 

Conclusion

Bullying can occur in many different ways, and you must know how to recognize it and how to respond to it.

 

Although bullying can be subtle, it’s important that you don’t ignore it — otherwise, the situation might escalate and become even more destructive.

Make sure that you take action when you see bullying occurring, and be careful to take steps to avoid it happening to you.

 

With a bit of careful planning, you should be able to stop bullying before it has a chance to get out of control. Now that you know what to look out for and how to put a stop to workplace bullying, you can be sure that you will have a positive work environment. In fact, you might even have a workplace that’s too positive — but that can’t be a bad thing, right?

Need help with a Melbourne Workplace Bullying investigation. Call Jolasers now on 0418 101 164.

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Conflict and bullying behavior in the workplace can be stressful and negatively impact employee morale, performance, retention, and company culture.’

 

Both conflict and bullying have the potential to negatively impact team dynamics. However, there are several ways that organizations can proactively manage these risks before they escalate into more serious problems.

 

Whether you work as a supervisor or lead a team, being able to identify the early signs of conflict or bullying behavior is crucial because it allows you to take action before things get out of hand.

 

This guide will give you tips on how to manage these risks effectively so your team members can stay productive while remaining happy at work.

 

What is bullying behavior in the workplace?

Bullying behavior refers to any repeated, unwanted behavior that creates a hostile or intimidating work environment for another employee.

 

Workplace bullying can happen in any industry, and it can occur between peers, subordinates, or even supervisors and employees.

 

While verbal and emotional abuse are common types of bullying, harassment, intimidation, and sabotage can also be forms of bullying. Even if the behavior is subtle, repeated actions can amount to bullying if they create a hostile work environment.

 

Although bullying behavior can occur in almost any work environment, certain industries are more susceptible than others. Healthcare, construction, and technology are just a few examples of industries where bullying is more frequent.

 

Examples of bullying behaviors in the workplace include:

 

Verbal abuse (sarcasm, insults, name-calling, threats)

 

Intimidation, sabotage, or destruction of property

 

Humiliation (public shaming, inappropriate touching, sexual harassment)

 

Interference with work or withholding critical information

 

Psychological or emotional abuse (excessive monitoring, withholding praise or feedback, undermining self-confidence with excessive criticism)

 

Physical abuse

 

Discrimination based on race, religion, gender, sexual orientation, disability, or other protected categories

 

What is conflict in the workplace?

Conflict is a natural part of any workplace environment. However, when conflict becomes bullying and creates an uncomfortable work environment, it can have serious repercussions for the company, team members, and supervisors.

 

Like bullying, conflict can happen in any industry, although certain fields are more susceptible, such as healthcare, construction, and technology.

 

Conflict is a disagreement that escalates into an argument. It can happen between any two individuals, groups, or departments within the organization.

 

Conflict can be constructive or destructive, and it can be caused by many factors, including personality clashes, miscommunication, poor organizational structure, and financial concerns.

 

Although conflict can negatively impact productivity, it can also be used as an opportunity to create positive changes in the organization and improve employee engagement.

 

What should you do if you observe bullying behavior?

If you observe bullying, you have a duty to report it. Depending on your company’s policy, you may be required to report any bullying behavior, regardless of whether it has escalated to the point of creating a hostile work environment.

 

There are several signs that indicate bullying has occurred, such as a one-sided pattern of negative interactions between two employees and an ongoing pattern of resentment. If you observe bullying, you should report it to your HR representative or someone in a supervisory position.

 

You should also report any incidents that could lead to bullying. Examples include aggressive emails, verbal exchanges, or an employee who is critical of others but mostly gets away with it because no one wants to report it.

 

What should you do if you observe conflict?

First, you should assess the situation to determine whether it is a conflict or bullying. Conflict and bullying are not mutually exclusive, so if you witness some bullying as well as conflict, you should report both.

 

Before you address the problem, you should evaluate the situation to determine the best course of action.

 

Conflict is often situational, meaning it is triggered by an event, person, or situation. It can be helpful to note the circumstances that led to the conflict so you can address them directly. If the conflict is ongoing, you should encourage the individuals involved to address the issues directly. If they refuse to do so, you can facilitate a discussion to help resolve the issue. You may need to provide suggestions on how they can communicate without damaging the other person’s feelings.

 

If the conflict is coming from a few teammates, you might need to intervene before it escalates. You can try to resolve the conflict informally by facilitating a discussion between the individuals involved. If the conflict is between a few individuals and it’s starting to negatively impact the rest of the team, you should address it formally. You can do so by bringing the issue to the attention of your supervisor or HR representative.

 

Strategies to address workplace conflict and bullying behaviour

Be a mediator – If you observe conflict between two employees, you can use mediation to help resolve the conflict. Mediation is a voluntary process in which you assist the parties in resolving their conflict.

 

Be a facilitator – If two employees have already tried to resolve their conflict but are unable to find a solution, you can facilitate a discussion between them to help them find a solution.

 

Be a sounding board – If you’ve tried to help resolve the conflict but one employee just needs to vent, you can be a sounding board. Simply listen to the employee without trying to solve the problem.

 

Be an active listener – A lot of conflict can be avoided if employees feel they can freely discuss problems without being judged. If two or more employees are disagreeing, you can actively listen to what they have to say and give your input, but only when asked.

 

Be an objective observer – Sometimes, a conflict between two employees escalates to the point where it interferes with their ability to perform their job duties. In these situations, you can act as an objective observer and report your findings to your supervisor or HR representative.

 

Conclusion

Managing conflict and bullying behavior in the workplace is challenging, but organizations can take several steps to reduce the risk of these issues.

The first step is to recognize the signs of conflict and bullying so you can intervene before the situation escalates.

 

After you recognize the signs, you can use several strategies to proactively manage the issues. This will help create a healthy work environment where employees feel comfortable bringing up any problems they have so they can be resolved before they escalate into bullying or other serious problems.

 

Jolasers offer a professional workplace investigation and we have vast experience investigating workplace conflict and bullying matters.

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Responding To A Workplace Allegation? Considerations For Conducting Workplace Investigations.

By on

23 November 2022

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How will your company respond to a workplace allegation? With the recent increase in media coverage regarding sexual harassment by high-profile individuals, more employees are reporting their own experiences of workplace abuse.

 

While some companies may choose not to conduct an investigation unless driven by legal obligations or other factors, many organizations recognize that prompt and thorough investigations serve both their interests and those of the employee who raised the concern. This blog post provides insights on considerations for conducting workplace investigations when responding to an allegation of misconduct or wrongdoing.

 

Understand the Company’s Legal Obligations

Before you begin an investigation, you need to understand the company’s legal obligations and how these may influence the scope and timing of the investigation. Some common legal obligations that may inform the scope of or timing of the investigation include:

 

Investigation of discrimination or harassment claims.

 

Investigation of employment contract violations: If an employee is accused of violating the terms of their employment contract (e.g., misappropriation of funds, breach of fiduciary duty), the employer is obligated to investigate.

 

Investigation of workplace health and safety issues: Employers are obligated to investigate workplace health and safety issues and promptly correct any hazards identified.

 

Knowing Your Company’s Culture

As part of the investigation, you’ll want to understand the company culture. What are people’s perceptions of the company and their place within it? Knowing how people feel about the culture of the organization will help you make informed decisions about actions such as disciplining an offender.

 

Even if your company has never had a complaint brought against it, you should still consider how cultural factors can impact the results of an investigation. For example, if your company culture is highly driven by competition and pressure, there may be an increased likelihood that someone will fail to report misconduct out of fear of losing their job or being overlooked for promotion.

 

Knowing The Parties Involved In A Workplace Allegation

As soon as possible after receiving a report, you should begin to build a general understanding of the parties involved. Who was present during the event? Who was not? Who has a vested interest in the event occurring and who doesn’t?

 

These may seem like basic questions, but you’d be surprised how easy it is to get sidetracked and overlook them during the investigation.

 

Know your company’s resources and capabilities

Before beginning an investigation, you may want to gauge the company’s capabilities and resources related to investigation capabilities. For example, is there an HR person or team that handles investigations, or is that primarily an executive’s job?

 

Does your company have the resources to conduct a thorough and timely investigation? These factors may impact the scope and timing of the investigation. For example, if your company handles investigations internally and doesn’t have access to outside investigators, you may have to consider whether a prompt investigation is still possible and determine if that is the best course of action given the circumstances.

 

Ensure Timing Is Right

If multiple reports of harassment or other misconduct are brought to light, you may want to initiate a prompt investigation of all reports. However, be careful not to overreact to media attention and public sentiment. In other words, don’t try to get ahead of yourself and initiate an investigation just for the sake of doing it. Instead, respond as quickly as possible to each report as it comes in.

 

If multiple reports are brought to your attention at the same time, your best bet may be to initiate an investigation of each report and then begin to synchronize your investigation efforts across all parties.

 

Defining The Purpose Of The Investigation into Workplace Allegations

As you begin to investigate, you should define the purpose of the investigation. For example, the investigation may be intended to:

 

Correct the underlying issue(s) and/or remedy any harm that may have been caused.

 

Bring clarity to an ambiguous situation.

 

Help with any potential litigation (by helping an organization prepare for litigation, investigations can often help to reduce the likelihood of litigation).

 

Resolve questions or concerns an employee or colleague may have.

 

Assist in determining the next steps or courses of action for the organization.

 

Defining Your Objectives And Key Questions To Be Answered By The Investigation.

Next, you’ll want to define your objectives and key questions to be answered by the investigation. Some questions you may want to consider include:

 

What happened?

 

When and where did the event occur?

 

Who was involved?

 

What were the circumstances leading up to the event?

 

What were the circumstances surrounding the event?

 

What were the actions of the parties involved?

 

What were the words and actions of other people in the vicinity?

 

What were the words and actions of people who were not in the vicinity?

 

What is the impact of the event?

 

What is the intent of the event?

 

What is the motivation of the event?

 

What are the appropriate responses?

 

Determining Who Will Conduct The Investigation And What Resources They’ll Have Access To

Once you’ve considered the general investigation considerations, you’ll want to determine who will conduct the investigation and what resources they’ll have access to.

Your options for conducting the investigation may vary depending on the circumstances and severity of the incident. For example, you may want to consider:

 

Conducting an internal investigation: If the person who reported the misconduct wishes to remain anonymous, you may choose to handle the investigation internally. If you choose to handle the investigation internally, you’ll have full control over the process and the report may or may not ever become public knowledge.

 

Hiring an outside investigator: You may choose to hire an outside investigator, like a private investigator, to conduct the investigation. This may be the best choice if the incident is severe and should be handled by someone who is trained and skilled in handling workplace investigations.

 

Using a neutral third party: You may want to use a neutral third party to conduct the investigation. This may be the best choice if two parties are in dispute.

 

Considerations When Selecting An Investigator Or Counsel

The best investigator or counsel for your investigation will vary depending on the situation, but there are some general considerations you may want to keep in mind as you are selecting an investigator or counsel. Some considerations to keep in mind include:

 

Local laws: Be sure that the investigator is licensed in your state and meets the minimum requirements (if any) for conducting workplace investigations.

 

Representation of the parties: Make sure the investigator can represent all parties involved in the investigation. This is especially important if the parties are in dispute with each other.

 

Independence: Make sure the investigator is independent and can conduct the investigation without bias or prejudice.

 

During The Investigation: Preserving Evidence And Safeguarding Reputation While Gathering Facts

Once you’ve begun the investigation, there are a few things you’ll want to keep in mind while you’re gathering facts. First and foremost, you’ll want to make sure that you are preserving evidence.

 

You will need to conduct interviews with all parties involved in the investigation. If multiple people were present during the event, you’ll want to conduct separate interviews with each party so that each has an opportunity to provide their side of the story.

 

Should you require an external private investigator, Jolasers have been conducting workplace investigations in Melbourne and Regional Victoria for in excess of 16 years and can offer you a professional investigation involving the most complex of cases.

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Workplace Investigations Mildura

By on

21 November 2022

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Welcome to Jolasers workplace investigations service in Mildura! We understand that workplace issues such as discrimination, bullying, and misconduct can be incredibly stressful and disruptive for both employees and employers. That’s why we’re here to help.

Our experienced investigators are dedicated to providing a thorough and impartial investigation into any workplace issue you may be facing. We understand the importance of confidentiality and sensitivity when dealing with these types of situations, and we always strive to ensure that all parties involved are treated with respect and professionalism.

Our workplace investigations service covers a range of issues, including discrimination, harassment, bullying, and misconduct. We work closely with our clients to understand their specific needs and concerns, and we tailor our investigations to meet those needs.

We have in excess of 16 years experience undertaking sensitive and complex workplace investigations and we have a deep understanding of workplace dynamics and the legal requirements surrounding workplace investigations. We use a range of investigative techniques, including interviews, document analysis, and forensic analysis, to ensure that we get to the bottom of any issue. At the end of our investigation we will provide you with a comprehensive report that has been reviewed by a specialist independent employment lawyer.

We understand that workplace issues can be incredibly stressful and disruptive, which is why we work quickly and efficiently to resolve any issues as soon as possible. Our goal is to provide our clients with the information they need to make informed decisions and take appropriate action.

If you’re facing workplace issues in Mildura, don’t hesitate to contact us. We are here to help you navigate these difficult situations and find a resolution that works for everyone involved.

 

Call 0418 101 164 to discuss your Mildura workplace investigation requirements.

 

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The benefits of an external workplace investigation following an employee complaint.

People don’t like to think of their place of work as a ‘hotbed of harassment and discrimination,’ but unfortunately, that’s not always the case.

 

Even with best-practice HR policies in place, some employees may still be subject to unfair treatment based on their gender, race or other protected class. And while it can be difficult to hear such accusations against your company, it is important that you take them seriously.

 

Whether you have internal HR staff members or an external third-party agency supporting you, it’s always advisable to conduct an outside workplace investigation should any employee complain about unfair treatment.

 

There are many different types of workplace investigations; some involve interviewing current employees and past employees who left the company within the past year; others involve conducting focus group interviews with random employees from all departments within the organization, and still others involve bringing in a third party investigator for a neutral perspective.

 

There are pros and cons for each type of investigation, so read on to learn more about the different ways you can support your organization through an external workplace investigation following an employee complaint.

 

What’s the benefit of an external workplace investigation?

Employment discrimination and harassment are very serious allegations, so if you’re not sure how best to investigate a complaint, it may be best to bring in an external investigator to do the legwork.

 

There are a few reasons why an external investigation might be the best choice, including:

 

  • The company culture: If there has been a complaint made against the company, it may be that the company’s culture is part of the problem. In this case, bringing in an external investigator may help to reveal the issue, allowing the company to take appropriate action. By hiring an external investigator, you can remove the employees’ sense of “us versus them” and allow the investigator to gather data without bias, providing an unbiased and accurate report.
    • Impending litigation: If you find that there is merit to the complaint, you may be able to resolve it quickly with a settlement. However, if you do not follow proper procedures and the complaint is made public, the company could be subject to a lawsuit.
    • The company’s response to the complaint: If you are receiving more than one complaint, it is important that you act quickly and appropriately to address the situation. If you do not, you may find that you have a disgruntled employee population on your hands, which can lead to decreased productivity, increased turnover and decreased profits.

 

Performing a workplace investigation after an employee complaint

There are a few ways in which an investigation will be conducted, but in general, the investigator will typically follow these steps:

  • The investigator will conduct interviews with all relevant parties, including the employee who made the complaint and other employees who may have information about the situation and its surrounding circumstances.
  • The investigator will then review company policies, interview managers and other employees, and gather any supporting documentation or evidence that could be relevant to the situation.
    • The investigator will then prepare a report of findings, which will include recommendations for resolving the complaint.

 

The benefits of an investigation in general

An investigation can provide answers to questions that have lingered within your organization for far too long. When employees feel that they have been treated unfairly or as though their concerns are being ignored, they can become increasingly disengaged, leading to increased turnover and reduced productivity.

 

A workplace investigation can help to identify the source of the problem, allowing you to take the necessary steps to resolve the issue and restore engagement within your company.

 

It can help to identify the root cause of the issue: If more than one employee has reported experiencing unfair treatment, there is a good chance that there is a systemic problem within your company. An investigation can help to identify the root cause of the issue, allowing you to take appropriate action to resolve it and prevent it from happening again in the future.

 

It can help to build trust among employees and within the organization: If there is a lack of trust among employees and within the organization, it can have a negative impact on productivity, engagement, reputation and overall success.

 

An investigation can help to restore trust within the company and demonstrate that you are taking the complaint seriously.

 

 

Why you might choose to hire a third-party investigator instead of doing your own internal investigation?

A third-party investigator has no vested interest in the outcome of the investigation and is therefore far less likely to be influenced by personal bias or pressure applied by anyone within the organization.

 

A third-party investigator may bring different skills and experiences to the table that could be beneficial to the investigation and could allow them to uncover information that your internal team may miss.

 

You want to remain objective. If you have done your own internal investigation and you do not want to suggest that there is a problem within the company, it may be best to hire a third-party investigator instead. You don’t want your investigation to be an “us versus them” situation and may want to conduct the investigation as a neutral third party.

 

You want to bring an outside perspective: Bringing in an outside investigator may allow them to see the situation from a different perspective and uncover information that you may have missed.

 

 

When should you request an internal HR investigation?

If the complaint is regarding a specific employee, you may want to request an internal HR investigation to determine if that employee’s actions have broken company policy or violated the company code of conduct.

 

An internal investigation generally focuses on whether the company’s policies were followed, as opposed to whether or not the alleged actions were actually true.

 

You want to determine if the employee’s actions breached company policies: If there are specific complaints but no indication that the employee acted with malicious intent, you may want to conduct an investigation to determine whether the employee’s actions were in keeping with company policy, including things like work hours, dress code, etc.

 

You want to determine if the employee has any training needs: If there are complaints that indicate that the employee’s actions violated company policies, but the employee did not do so with malicious intent, it may be that the employee simply needs additional training or coaching.

 

 

When should you request a third-party investigator?

If the complaint does not fall within the scope of HR and is not about any specific employee, it may be best to hire a third-party investigator to conduct the investigation. This is particularly true if the complaint is very serious in nature and could potentially have significant company-wide implications.

 

 

The complaint is very serious: If the complaint is very serious, it can help to distance yourself from the situation, particularly if you are unsure of how to proceed once the complaint has been made public.

 

 

While HR may be equipped to handle minor complaints, serious complaints that involve discrimination and harassment could lead to legal action. In this case, it can be helpful to conduct an outside investigation that allows you to stay above the fray.

 

The complaint is company-wide in nature: If the complaint is company-wide, it can be helpful to bring in an outside investigator who can conduct the investigation without bias and without being influenced by any existing employee relationships.

 

Conclusion:

You never know when an employee will make a complaint about their experience at work, or what that complaint might be about. However, it’s important to remember that an investigation into that complaint can provide valuable insight into your organization as a whole.

 

Whether you choose to use an internal HR person, or a third-party investigator to conduct an investigation, it’s important to remember that the investigator is there to find answers and is not there to make judgments. An investigation is simply a fact-finding mission that can help to provide clarity and closure.

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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.

 

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

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Take Time to Plan Out Your Workplace Investigation Interviews.

By on

21 November 2022

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A workplace investigation interview is a very serious situation. For one employee, it may feel like an interrogation. For another employee, it may feel like trick questions designed to trap them into saying something that can be used against them later.

 

Whether you’re the investigator or the person being interviewed, it’s important to remember that this is not just any conversation – it’s a workplace investigation interview. The stakes are high and the consequences of getting things wrong could be dire for everyone involved. That’s why you need to take time before your next workplace investigation interview to plan out your approach.

 

You want to come across as non-threatening and trustworthy as possible while still gathering all the information you need to make an informed decision about what happened. Follow these tips on how to plan out your next workplace investigation interview so you can have the best chance of getting all the information you need in the shortest amount of time possible.

 

Know the Law Before You Walk in the Room

One of the most important things you can do before walking into an interview is to make sure you’re well-versed in the laws of your state that govern workplace investigations. You’re probably going to be asking people questions about their actions and the decisions they made.

 

If you don’t know the rules that govern workplace investigations in your state, you might unknowingly be asking questions that are illegal. For example, in Victoria, when conducting an investigation, you must inform the person being interviewed that they have the right to have a representative present during the interview. You must also inform the person being interviewed that they have the right to refuse to answer any questions.

 

Brief All Involved People on What’s Going to Happen Beforehand

Regardless of how well you know everyone involved in your workplace investigation interview, you should always brief them on what’s going to happen during the interview. You want to give everyone being interviewed enough information to feel comfortable participating and know what to expect.

 

You also want to make sure you and everyone else involved in the interview understands the parameters of the interview, such as where and when it’s taking place, and what actions will happen after the interview.

 

A simple way to brief everyone involved is to create an interview protocol that everyone receives and signs off on before the interview. Your protocol should include clear expectations for the interview, such as how long it will take and how many people will be in the room. You should also include information about the process of the investigation and information they can provide to help you make a decision.

 

Start with Open-Ended Questions

Open-ended questions are questions that don’t have a correct or incorrect answer. Instead, they are designed to elicit information from the person being interviewed. For example, instead of asking someone, “Did you steal money from your workplace?” you’d ask, “How did you come to know there was money missing in the workplace?”

 

All workplace investigation interviews should begin with open-ended questions related to the incident in question. These are the questions that will help you understand the full situation without putting undue pressure on the person being interviewed to defend their actions. For example, ask the person being interviewed, “How did you come to the decision to do X?” or “What factors led to you making the decision to do X?”

 

Ask Neutral Questions That Don’t Presume Guilt or Innocence

You’re going to want to ask questions that help you understand the person’s point of view, their decision-making process, and their feelings about the incident in question. However, it’s very easy to slip into questioning that unfairly presumes guilt or innocence.

 

To avoid this, you want to avoid asking questions that start with the words “were you,” “did you,” “did you not,” or “why did you.” For example, you wouldn’t ask, “Were you the one who stole money from the workplace?” Instead, you’d ask, “Can you tell me what happened?”

 

Summarize and Confirm What You Just Learned

As you’re conducting the interview, you should periodically summarize what you’ve learned so far. This will help you remember important things to ask about next, as well as make sure you’re understanding everything correctly.

 

When you’re summarizing, you want to make sure to summarize what the person being interviewed has said, not what you think they’ve said. For example, you might say, “So, you were at work when you realized your peer had left a $25,000 error in the ledger, and you needed to correct the mistake before anyone noticed. Is that correct?”

 

Conclude With an Offer for Resolving Conflict Together

At the end of every workplace investigation interview, you should always offer the person being interviewed a chance to come to an agreement with the other party and/or the company about the situation in question.

 

While you can’t force anyone to reach a resolution, offering your help in resolving the conflict communicates that you’re open to a resolution and want to find a path forward. It also sends a powerful message that you care about resolving the conflict and not just finding out what happened so you can mete out punishment.

 

Takeaway

Investigations may have serious consequences for those involved, but they don’t have to be confrontational. If you follow these tips, you can make sure your next investigation is as non-threatening as possible. That’s the best way for everyone to learn what happened and to have the opportunity to move forward in a healthy way.

 

The truth will come out

The truth always comes out eventually. If it doesn’t in the workplace investigation, it’s only because the wrong person was let off the hook due to inadequate investigation on the part of the employer, or because the person being investigated has lawyered up and is refusing to cooperate. It’s important to keep in mind that an investigation is not a trial and doesn’t have the same standard of proof. In an investigation, all you need to do is find enough evidence to support your conclusion.

Contact Jolasers if you need any help interviewing employees for an investigation. 

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Considerations for Conducting Workplace Investigations. Responding to a Workplace Allegation?

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20 November 2022

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Keeping a safe and productive workplace is essential for any organization. If an employee’s conduct is inconsistent with organizational values, company policies, or applicable laws, it is important to investigate the matter and take any necessary corrective action as soon as possible to limit potential risks and avoid further complications.

 

An investigation should be one of many tools organizations have at their disposal when dealing with potentially disruptive employee behavior. Whether the concern involves an employee’s performance, conduct, or competence in completing assigned tasks, an investigation provides the details necessary to determine whether corrective action is necessary and what that action should be.

 

In some cases, an investigation may not be required. For example, if there are clear and convincing facts that demonstrate a termination is warranted without needing to know why or how that came about; however, in most every other situation it is advisable to proceed with a formal review because of the numerous benefits it affords as detailed below…

 

The Importance of Conducting an Investigation

Although an investigation may seem like a simple fact-finding mission, it is actually a process that is laden with due process considerations. The employee being investigated is entitled to have an opportunity to respond to the concerns raised.

 

The investigation process itself can provide valuable insights into the situation and improve the odds that the correct decision is reached. However, an investigation is not a one-size-fits-all approach to addressing workplace issues. Determining when a formal investigation should be conducted, who should conduct it, and how it should be concluded can be challenging. In some cases, the best option may be to use a less formal process such as a discussion or a request for information (RFQ) letter.

 

Why is a workplace investigation important?

When conducting an investigation, the investigator must consider the issues from two distinct perspectives: the alleged victim and the alleged perpetrator.

The alleged victim needs to know that the issue is being taken seriously, that they have been given an opportunity to tell their story, and that the investigation will most likely result in corrective action being taken against the alleged perpetrator.

 

This is also the opportunity for the alleged perpetrator to tell his or her side of the story and rebut the allegations being made against them. To do this, investigators will typically follow a structured process that includes planning, conducting interviews, compiling a report, and making a recommendation. Although the specifics of this process vary depending on the situation, the basic approach is consistent.

 

Determining Who Conducts the Investigation?

One of the first things an employer should consider is who will conduct the investigation. If the concern is a simple performance issue, a manager may be the best choice. However, if a serious allegation has been made or the issue is clearly interrelated with other issues in the workplace, appointing a neutral third party to handle the investigation is advisable.

 

For example, if an investigation is needed to determine whether an employee’s absence is legitimate, there may be a risk that a manager who is also responsible for approving absences is perceived as having a conflict of interest.

 

In these cases, it is advisable to appoint a neutral third party, such as a member of Human Resources (HR) or a private investigations firm to handle the investigation.

 

Confirming That an Investigation Should Be Conducted

There are two questions that need to be answered.
The first question is whether the alleged action is serious enough to warrant initiating such a process. The second is whether the investigation is the best way to address the issue.

The first question may be straightforward in some cases, such as when a complaint has been filed and the allegations are clearly serious. However, there are other situations in which it is less clear when an investigation is warranted.

 

Answering this question is not always easy. In some cases, a simple discussion between the parties involved may be sufficient to resolve the issue. For example, if a manager and an employee disagree on the terms of a promotion, a simple conversation between the two parties may be able to resolve the issue.

Identifying and Defining the Problem

Once it has been confirmed that an investigation is needed, the next step is to identify and define the problem. This may seem like an obvious first step, but it is important to get the facts correct.

The information collected during this phase will form the basis for all other actions taken throughout the investigation process, so it is important to be thorough and accurate. For example, when an employee is not meeting expectations, the problem may be as simple as a lack of training or skills. On the other hand, the employee may be doing their work but in a way that is problematic for the organization.

In some cases, the problem may be due to a clash of values where one person’s ideas about what is important are not consistent with organizational values.

Having a Confident Basis for Taking Action

Most investigations are conducted with the intent of taking some sort of action. While the decision is often straightforward in terms of termination, there are other situations where managers grapple with the best course of action. Because there are more than 100 factors that may be considered in determining whether and how to take action, it can be difficult to pinpoint the right response.

To ensure that the appropriate action is taken, the investigator should consider the following questions:

Does the employee admit to the problem?

What is the employee’s knowledge about the problem?

Does the employee understand the impact of the problem?

What does the employee plan to do about the problem?

Does the employee have the ability to correct the problem?

What is the cost of allowing the problem to continue?

What is the cost of correcting the problem?

What is the organization’s tolerance for risk?

What is the organization’s tolerance for uncertainty?

What is the organization’s tolerance for change?

What is the organization’s tolerance for imperfection?

The answers to these questions can help managers make informed decisions about the appropriate action and approach to take.

 

Conducting a workplace investigation can be challenging, and in some cases, the process can stir up lots of emotions. To ensure that the process is productive and the outcome is positive, it is important to use a structured approach to guide the investigation. Doing so will help ensure that everyone involved is treated fairly and that the investigation is completed in a timely manner. And to make it easier for you to remember the key points discussed above.

 

Here are a few key takeaways.

The importance of conducting an investigation lies in its ability to identify the issue at hand and provide a confident basis for taking action.

When deciding whether an investigation is needed, it’s important to confirm that the alleged action is serious enough to warrant initiating such a process.

 

With all of the potential issues facing the modern workplace, it is important that organizations have a strategy in place for dealing with potential problems related to employee conduct and performance. The best strategy is to proactively identify issues and take any necessary steps to address them as quickly as possible.

When an organization has a solid investigatory process in place, it can use that process to address workplace issues before they escalate into bigger problems. Conducting workplace investigations is essential for any organization that wants to protect itself from costly litigation, reputational harm, and other negative consequences that can result from an employee’s problematic behavior.

Contact Jolasers via the contact form below to let us assist you with your workplace issues.
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Workplace Investigations Bendigo

By on

18 November 2022

- workplace investigation

Welcome to Jolasers, your trusted partner for professional workplace investigations.

With over 16 years of experience, we are an independent private investigations company based in Bendigo, dedicated to providing our clients with the highest level of service and support.

At Jolasers, we understand that workplace investigations can be complex and sensitive. That’s why we offer a range of services to help you navigate this challenging process.

As an experienced investigations company we are committed to providing you with a thorough and impartial investigation that is tailored to your specific needs.

We pride ourselves on our professionalism, integrity, and commitment to providing our clients with the highest level of service. We have extensive experience in conducting workplace investigations across a range of industries and sectors, and we are dedicated to helping you achieve a fair and just outcome.

Our services include:

  1. Initial consultations to assess your needs and determine the scope of the investigation.
  2. Full-scale investigations, including interviews, document review, and analysis.
  3. Written report outlining our findings and recommendations which we have reviewed by an independent employment law specialist lawyer.
  4. Ongoing support and guidance throughout the investigation process.

At Jolasers, we understand the importance of confidentiality and discretion in workplace investigations. That’s why we take great care to ensure that all investigations are conducted in a professional and confidential manner.

If you are in need of workplace investigation services, please don’t hesitate to contact us. We are here to help you navigate this challenging process and achieve a positive outcome.

Trust Jolasers to provide you with the professional workplace investigation services you need.

Call 0418 101 164 to discuss your Bendigo workplace investigation requirements.

 

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

We are based in Bendigo and can offer prompt local service that is backed by 16+ years of experience.

 

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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 Bendigo 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.

 

Telephone: 0418 101 164 (Stephen Oliver)
Email: stephen.oliver@jolasers.com.au
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Workplace Bullying…How To Know If Your Boss Is Really The Devil?

By on

18 November 2022

- blog

Workplace bullying is not a new phenomenon. In fact, it can be traced back to the 16th century, when Hieronymus- Johannes Callidorus-Meletus, a Greek ecclesiastical historian who also happened to be an Archbishop of Alexandria in Egypt, was bullied at work.

 

Workplace bullying is still as rife as it was almost 500 years ago – but only now do we understand why this behaviour has such a detrimental effect on those targeted. The problem with Meletus and his experience of being bullied at work is that the word ‘work’ in these circumstances does not refer to an activity, but rather to an identity. Meletus felt that he was being bullied because he was — above all else — a worker.

 

In the 21st-century workplace bullying comes in many forms and affects employees from all walks of life. This article explores what workplace bullying looks like and how you can recognise it if you are being targeted by your boss or co-worker.

 

What does workplace bullying look like?

When analysing the different types of bullying, it’s important to remember that bullying is a behaviour, not a person. This means that in order to identify and prevent bullying in the workplace, it’s essential to analyse the behaviour of the aggressor.

 

The following are some common forms of bullying:

 

Verbal assault: This can take the form of shouting, name-calling, or even threats or insults. This type of bullying can also include the use of sarcasm or humour.

 

Social isolation: When a person is socially isolated in the workplace, their co-workers will either ignore them or actively avoid them. Social isolation can also include having one’s colleagues refuse to engage in activities with the person who is being isolated.

 

Worsening work conditions: This can include things like increased workloads, smaller workspace, or fewer resources.

 

Physical aggression: This can comprise violent physical contact, such as hitting, shoving, or kicking.

 

Bullying in the workplace: Co-workers who are bullies

Co-workers who are bullies don’t necessarily have to be supervisors or managers. What’s important to remember is that individuals who are bullies come in all shapes, sizes, and job roles.

 

Bullying can take the form of a group of people ganging up on one person. It can also be a group of people who are constantly undermining the authority of an individual who is trying to do their job. This can include spreading malicious rumours about them or making it difficult for them to do their work.

 

Bullying in the workplace: Your boss is a bully

This is the most common scenario for workplace bullying. If you are bullied by your boss, you may notice that he or she does the following:

 

Treats you differently from other employees. You might be the only one who is given criticism, or the only one who receives harsh feedback.

 

Treats you unfairly. Your boss treats you differently from other employees in terms of either what you are responsible for doing or the time frame in which you have to complete it. Interferes with your ability to do your job. Your boss might constantly interfere with your ability to do your job, such as by conducting surprise inspections of your work.

 

Bullying in the workplace: A bully is also a co-worker and your boss.

It is not uncommon to have a bully who is both a co-worker and the person you report to. This person will have the power to make your life a living hell simply because they can, and you have no way of protecting yourself.

 

In this case, you may notice that your bully does the following:

 

Uses his/her power as a tool for abuse. Your bully might use his/her power to make your life difficult. This can include excessive criticism or refusing to listen to your input.

 

How to deal with workplace bullying.

 

If you suspect that you’re being bullied at work, there are a few things that you can do to protect yourself:

 

Document everything. Keep a record of everything that happens to you at work. This includes everything that your bullies say to you and do to you, as well as anything that your co-workers do that makes you feel uncomfortable. Keep track of the date and time when these things occur, as well as the names of the people who are responsible. This will help you to be able to provide a clear depiction of what is happening to you.

 

Seek help from your HR department. Many companies, especially large ones, have dedicated officers who are trained in dealing with workplace bullying. If you’re being bullied, you may want to consider speaking with your HR department about the situation.

 

Final Words: Takeaway

There are many different types of workplace bullying, and it can be difficult to navigate your way out of the situation if you’re being targeted by your boss or co-workers. Keep track of what is happening to you at work, and consider speaking with your HR department. Whether you’re being bullied by a supervisor or a group of employees, there are ways to get out of the situation.

Jolasers can help assist with your complex investigation.

Informative Video 

 

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The Objective of a Workplace Investigation

By on

16 November 2022

- blog

When a problem is reported in the workplace, it’s the job of human resources (HR) professionals to look into it and figure out what happened. They need to conduct an investigation to uncover the facts and take action if necessary. Unless you work for yourself or are part of a very small company, chances are that your HR department handles all investigations.

 

HR may bring in external investigators as needed, but their main role is handling these issues from start to finish. An investigation is a methodical process with specific goals and questions in mind. It’s not simply an interview where one party asks questions and another answers them – there’s a strategy behind every step of the process. The primary objective of any workplace investigation should be identifying the cause of an issue and determining how to prevent its recurrence in the future.

 

What to look for during an investigation

The first step of any investigation is to carefully observe the situation. This means looking at the facts of the situation, the behavior of the people involved and the environment where the incident took place. When observing the facts, it’s important to gather as much data as possible about the incident that triggered the investigation. When observing people’s behavior, try to get a sense of why they acted the way they did. This includes their feelings and intentions as well as their words and actions.

 

Interviewing witnesses and gathering evidence

The next step is to interview all witnesses involved in the situation. Investigators should interview the complainant and the person accused of wrongdoing as well as any other people who have significant information to add.

 

If it’s a criminal offense or could result in termination, employers should be careful not to put people on the spot. Instead, they should provide written documentation that explains why they’re being interviewed and how they can exercise their right to remain silent if they don’t wish to answer a particular question.

 

All interviews should be recorded either audibly or via a typed statement and each person should sign a form acknowledging that they understand their rights and have been provided with a copy of the recording. As investigators collect witness statements and evidence, they should be looking for patterns and inconsistencies. Patterns may indicate that a general problem exists in the workplace. Inconsistencies may show that a specific person was not responsible for an incident.

 

Determining the cause

Investigators should consider all factors when trying to determine the cause of an incident. They should consider the facts as well as the human factors that contributed to the situation – including the personalities, emotions and motivations of all the people involved. Investigations often consider root causes like the type of work being done, the culture of the workplace, communication issues and the quantity and quality of training and supervision.

 

Taking corrective action

After investigating the incident, the HR department may conclude that the worker who made the comments was simply joking around with his co-workers. However, the comments made the other person feel uncomfortable and offended. This is a situation where corrective action should be taken. The worker responsible for the comments could apologize to the colleague who felt offended and seek to avoid making similar comments in the future.

 

Another option would be to recommend that the co-workers take the conversation to another venue where the colleague feels less threatened. If the situation warrants it, the company could also decide to discipline the worker responsible for the comments. If a manager is involved in such an incident, HR will often recommend a more severe corrective action than would be appropriate for an employee of a lower rank.

 

Conclusion

The workplace investigation process is an important one. It helps to eliminate or minimize the effects of sexual harassment, discrimination, and other types of misconduct. And while these incidents are unfortunate, they’re also very common. In one poll, more than half of people said they’ve experienced workplace misconduct in some form. Thankfully, most investigations result in findings that help companies take steps toward solving problems and making their workplace safer and more respectful.

Jolasers offer a comprehensive workplace investigation service in Melbourne and Regional Victoria

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