Workplace Investigations – What you need to know!

Broadly, there are 5 main stages or steps to a workplace investigation. These are:

1. P0jn lanning the investigation (making time to do the investigation, and identifying who will be the lead investigator).
2. gathering the facts and information (is there a written complaint, an incident report, emails, CCTV etc).
3. interviewing any complainant(s), respondent(s) and witnesses.
4. documenting the allegations, evidence and findings into a report (ideally privileged – so speak to a lawyer if possible!).
5.  resolving the issue (such as taking disciplinary action, directing employees to undergo training etc).

Each investigation will be unique and the above steps do not represent a complete guide! Always take advice first.

Tips and tricks

Ask yourself the following questions before getting started:

• Is it necessary to suspend or stand down any employee (i.e. if their presence in the workplace is causing a health and safety risk)?
• Is the investigator sufficiently removed from the issues being investigated, or should an independent (external) investigator be appointed?
• Ensure everyone is reminded about confidentiality and victimisation. Conduct interviews in a discreet location (possibly off site).
• Abide by any relevant workplace policies you have in place as they relate to managing workplace grievances, complaints, disputes and safety issues.
• Keep good written records but remember, they may end up in Court!
• Always give people an opportunity to respond to allegations and offer them a support person.
• Leave no stone unturned – if a mater of relevance is raised, follow it up.
• Communicate clearly and accurately with all people involved.

If you are unsure about how to proceed, Progressive Legal can assist you with your next workplace investigation.