Don’t look the other way. That’s the message employers in Albury Wodonga should take to heart regarding workplace investigations. Modern workplaces face a variety of issues, ranging from discrimination and harassment to safety concerns.
Too often, employers ignore these red flags. They fear that a formal investigation will lead to costly legal action. However, the cost of inaction is often far higher. Ignoring the problem can lead to expensive lawsuits and significant damage to your organization’s reputation.
By taking a proactive approach, you can ensure issues are addressed promptly. This protects your organization from unnecessary risk.
What are workplace investigations?
An investigation is a fact-finding mission. It provides clarity regarding a specific event or action. Employers use workplace investigations to assess the root cause of problems, such as compliance issues or inappropriate behaviour.
There are two main types of investigations:
- Internal investigations: Conducted by your own company staff.
- External investigations: Conducted by a neutral third party.
Why investigate workplace issues in Albury Wodonga?
Workplace investigations are critical for two reasons. First, they uncover the facts so you can take appropriate corrective action. Second, they help prevent future issues.
Investing energy in finding the facts saves time and money later. When you conduct an investigation, it provides clarity to everyone involved. This includes the alleged victim, the accused, and any witnesses.
Furthermore, investigations allow you to fix systemic problems. For example, if an investigation reveals sexual harassment, you can implement new training or adjust work schedules to prevent a recurrence.
Legal implications of failing to investigate
Failing to investigate a potential legal issue creates liability. If you ignore a complaint, you may face the following legal actions:
- Discrimination and Harassment Claims: If you fail to investigate a complaint, the law may view this as condoning the behaviour. Consequently, you could be held responsible for the misconduct.
- Negligent Hiring Lawsuits: If you fail to vet a candidate properly, you risk a negligent hiring lawsuit. This occurs if you miss information that should have disqualified a candidate.
- Wrongful Termination: Terminating an employee without a proper investigation carries risk. You must not jump to conclusions when letting an employee go.
Steps for conducting a workplace investigation
Follow these five steps when conducting an investigation:
- Assess the Situation: First, determine the nature of the issue. Is it a one-time incident or a systemic problem? Identify the potential victim and suspect.
- Establish a Team: Appoint a team to lead the process. This usually includes HR managers or external investigators.
- Collect the Facts: Interview witnesses, review video footage, and collect records. Be careful not to jump to conclusions during this phase.
- Analyse the Facts: Determine what happened based on the evidence. This reveals the cause of the issue and helps you devise a plan.
- Report the Results: Finally, report your findings. This includes presenting recommendations for corrective action.
Establishing clear policies
You should establish clear policies for how investigations are conducted. Written policies ensure consistency and show that you take these matters seriously.
Your policies should include:
- Written expectations: Clearly state how issues should be reported and documented.
- Standard operating procedures: Outline where meetings are held and who should be on the investigation team.
- Privacy policies: Define how information is stored to protect the privacy of all parties.
Ensuring confidentiality
Investigations provide an opportunity for employees to speak up. However, many employees fear repercussions. Therefore, you must ensure confidentiality to make them feel safe.
To improve confidentiality, consider these steps:
- Change the Location: Conduct meetings in a private office or a neutral off-site location, rather than a glass-walled conference room.
- Guard Information: Keep the circle of knowledge small. Do not discuss the investigation with uninvolved employees.
- Get Signed Consent: Have employees sign a confidentiality agreement to ensure information remains private.
Outcomes and next steps
Once the investigation is complete, you must decide how to proceed. You generally have three options:
- Correct the Issue: If the investigation confirms the problem, take action. This may include re-training or termination.
- Document the Issue: You may choose to gather evidence for future decisions without taking immediate corrective action.
- Do Nothing: In rare cases, you may find no action is needed. However, you should still document the results to prove an investigation took place.
External Investigations
The investigation process can seem daunting, but it doesn’t have to be. Contact Jolasers to help you navigate these stormy waters.
Contact Jolasers Investigations Albury Wodonga
Telephone: 0418 101 164 (Stephen Oliver)
Albury-Wodonga FAQs
How do cross-border laws affect investigations?
In Albury-Wodonga, employment contracts may fall under either NSW or Victorian jurisdiction depending on the specific worksite. Our investigators understand both frameworks to ensure compliance.
Can we conduct the investigation in a neutral location?
Yes. In regional cities, confidentiality is key. We often conduct interviews at neutral, off-site locations to protect the privacy of all involved parties.
What if the employee resigns during the investigation?
It is often advisable to complete the investigation even if the employee resigns. This documents the findings and protects the organization against future claims of “Constructive Dismissal.”