When a problem is reported in the workplace, Human Resources (HR) must step in. It is your job to figure out exactly what happened.
To do this, you must conduct a methodical inquiry. Unless you are a sole trader, HR usually handles this process from start to finish. However, for complex or high-risk cases, many companies now opt for an external Melbourne workplace investigation to ensure total impartiality.
An investigation is not just a chat. It is a strategic process with a specific goal: identify the cause and prevent it from happening again.
Step 1: Observation and Data Gathering
Before you interview anyone, you must gather the facts. Do not rely on hearsay.
Look at the environment:
- Review digital logs, emails, and CCTV.
- Check time-sheets and roster records.
- Assess the behaviour of the people involved.
You are looking for hard data that supports or contradicts the initial report.
Step 2: Interviewing Witnesses
This is the most critical phase. You must interview the complainant, the respondent (the accused), and any witnesses.
Legal Warning: Procedural Fairness
Unlike TV dramas, employees generally do not have a “right to remain silent” in a workplace investigation. They have a duty to answer reasonable questions. However, you must explain the allegations clearly and offer them a Support Person.
Whether you are handling Geelong workplace investigations or managing a team in the city, the standard is the same. You must record the interview (with permission) and look for:
- Patterns: Does this behaviour happen often?
- Inconsistencies: do the stories align with the digital evidence?
Step 3: Determining the Root Cause
Rarely is an incident just about “one bad apple.” Investigators must look deeper.
Consider the human factors:
- Was there a breakdown in communication?
- Did a lack of training contribute to the error?
- Is the workplace culture toxic?
For example, if a manager snaps at an employee, was it pure aggression, or was it the result of extreme burnout caused by under-staffing?
Step 4: Taking Corrective Action
Once the findings are made, you must act.
Scenario:
HR concludes that a worker was “just joking,” but the comments were offensive. Corrective action might include:
- Mediation: Facilitating an apology.
- Training: Re-educating the team on respectful workplace behaviour.
- Discipline: Issuing a formal warning if the policy breach was severe.
If a manager is involved, the corrective action is often more severe, as leaders are held to a higher standard.
Conclusion
The investigation process is vital for safety. It minimizes the risk of sexual harassment, discrimination, and bullying.
While incidents are unfortunate, a good investigation turns a negative into a positive by solving the root problem. Jolasers supports businesses across Victoria and Southern NSW, including workplace investigations in Wagga Wagga, to ensure these matters are handled with integrity.
Need an Independent Investigator?
Jolasers conducts procedurally fair investigations across Victoria and Southern NSW.
Telephone: 0418 101 164 (Stephen Oliver)
Service Areas:
Melbourne | Geelong | Wagga Wagga
Common Questions
Can an employee refuse to answer?
Generally, no. Employers can issue a ‘lawful and reasonable direction’ to answer questions. Refusal can be grounds for disciplinary action (misconduct).
Must I interview everyone?
Not necessarily. You should interview key witnesses who observed the incident directly. interviewing too many irrelevant people can delay the process unnecessarily.
What if the evidence is inconclusive?
If you cannot determine what happened on the ‘balance of probabilities’, the finding is ‘unsubstantiated’. No disciplinary action should be taken against the respondent in this case.