Workplace investigations are crucial processes designed to uncover facts related to serious concerns, allegations, or complaints. While inherently complex, they serve a vital purpose in ensuring workplace safety and addressing issues promptly. A workplace investigation is often complex and may be related to a HR Crisis.
Determining when to initiate an investigation requires careful consideration. As an employer, you are obligated to maintain a safe environment, including psychological safety, and uphold your duty of care to prevent foreseeable risks of harm. Even if a complainant expresses reluctance for an investigation, legal obligations under common law may necessitate action. In these instances specialised HR expertise is required to avoid a HR Crisis.
Key Principles to a Workplace investigation are:
- Confidentiality
- Procedural fairness
- Impartiality
- Being thorough and,
- Timeliness
Investigations or matters relating to concerns, allegations or complaints, need to be addressed in a timely manner, if they are not dealt with appropriately and reasonably, there are dangers and risks to the business.
Investigations can be conducted internally or externally based on the gravity of the issue. External investigations can help to mitigate some of the additional risks such as counter claims of bullying, unfair dismissal disputes, adverse actions, Workcover stress claims associated with the investigation, and formal grievances under enterprise agreements. Remembering though that there is still an element of risk, and business’ may still receive a claim against them.
Outcomes of a workplace investigation hinge on the evidence gathered and severity of allegations made. Potential outcomes and corrective action can include, substantiated allegations, unsubstantiated allegations, inconclusive, and additional issues uncovered.
Additional considerations to be aware of with Investigations, here in Victoria we have the reportable conduct scheme – established by the Child Wellbeing and Safety Act 2005, The Commission for Children and Young People (CCYP) administers this Scheme and allegations under this Scheme have to be reported immediately. It is the same for the Independent Broad-based Anti-Corruption Commission – for the Vic Public Sector.
It’s important to recognise that investigations can be stressful for all involved. Prioritise staff wellbeing by offering support mechanisms like an Employee Assistance Program (EAP) or alternative support resources during and after the investigation process.
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