Aug 26

The Aftermath of a Workplace Investigation

We have completed our workplace investigation, summarised and assessed all the relevant evidence, made a decision, on the balance of probabilities, whether allegations have been proven or not and provided a comprehensive investigation report. This should solve the workplace conflict and allow everyone to move forward. Unfortunately, this is not always the case. Although the […]

Jul 21

How to cull misconduct allegations to those that really matter- a Preliminary Assessment approach.

Managing complaints about workplace misconduct is never an easy task. The process is usually accompanied by high emotions, personal and professional impacts and risks, and of course, a very real need to prioritise an organisational response. However, it doesn’t have to be an ‘all or nothing’ approach when it comes to decisions about workplace investigations. […]

Jun 30

Why can’t I be a secret witness? Confidential vs anonymous in workplace investigations

The ideal workplace investigation is conducted confidentially. Complainants, respondents and witnesses are asked to not discuss their involvement in the investigation process or anything that is discussed with others at the workplace, with the exception of human resources representatives or a support person. Participants are asked to observe confidentiality so that each person provides their […]

Jun 02

Determining the scope of your investigation – what to do if you to have too many allegations.

Commonly employees present complaint documents which describe the alleged behaviour in broad terms (“I have been subject to constant bullying behaviour”), employing emotive language to describe the behaviour and the impact that it has had on them.  Whilst this is to be anticipated and is perfectly reasonable way to raise a workplace complaint, that document […]

Mar 10

Writing a Report that is Fit for Purpose

A robust, well-written workplace investigation report is your best defense in an unfair dismissal claim. Worklogic director Jodie Fox examines the benefits of writing comprehensive investigative reports after a recent decision by the Fair Work Commission found Worklogic’s report to be consistent and detailed. Worklogic Report Withstands FWC Scrutiny Recently one of Worklogic’s reports was examined […]

Dec 02

Procedural fairness in investigations of reportable conduct allegations

A reportable conduct investigation is necessarily different, and can sometimes be more complex to navigate, than other types of workplace investigations. In a reportable conduct context, it is obviously imperative that the investigator ensures all children are provided the opportunity to be involved (unless there is a very good reason that they are not) and […]

Oct 28

Dealing with ‘he said, she said’ situations when investigating complaints

Regular readers (and investigators) will know that, in a workplace investigation, findings of fact are made on the available evidence and on the balance of probabilities (‘more probable than not’). In doing so, the ideal scenario in making findings is to have ‘direct’ (eye witness) evidence that is corroborated by other evidence. Still more ideal […]

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