What are the best practices for handling disciplinary investigations in a remote or virtual workplace?

For disciplinary investigations in a remote workplace: 1. Clear Guidelines: Establish clear procedures for remote investigations. 2. Confidentiality: Ensure privacy and data security. 3. Communication: Use video calls for interviews to maintain personal connection. 4. Documentation: Keep detailed records of all proceedings. Example: If investigating a misconduct claim, conduct interviews via video conferencing, ensuring all parties understand the process and their rights. These practices ensure fair and effective remote investigations.

One thing I've found helpful is to train managers and other individuals involved in carrying-out workplace investigations on a regular, periodic basis. Documented investigation policies are only effective if they are communicated to employees on a regular basis and when managers are trained on the investigative best-practices contained in the policy.

Conducting a hearing remotely should be able to satisfy these requirements. Employers will, however, need to consider whether a full and fair investigation into the issues can still be carried out whilst working under lockdown constraints. If it is not going to be possible to get hold of important records or documentation because of the workplace being closed, or it is not possible to interview key witnesses because of practical difficulties, it may be fairer to delay the outcome of the process until such time as this evidence can be obtained. This will need to be determined on a case by case basis.

Conducting a hearing remotely should be able to satisfy these requirements. Employers will, however, need to consider whether a full and fair investigation into the issues can still be carried out whilst working under lockdown constraints. If it is not going to be possible to get hold of important records or documentation because of the workplace being closed, or it is not possible to interview key witnesses because of practical difficulties, it may be fairer to delay the outcome of the process until such time as this evidence can be obtained. This will need to be determined on a case by case basis.

Conducting a hearing remotely should be able to satisfy these requirements. Employers will, however, need to consider whether a full and fair investigation into the issues can still be carried out whilst working under lockdown constraints. If it is not going to be possible to get hold of important records or documentation because of the workplace being closed, or it is not possible to interview key witnesses because of practical difficulties, it may be fairer to delay the outcome of the process until such time as this evidence can be obtained. This will need to be determined on a case by case basis.

O processo de investigação deve acima de tudo ser justo, garantindo a privacidade e confidencialidade dos envolvidos, com documentos e processos adequados de abordagem e apuração para evitar constrangimentos e vazamentos afetando o ambiente profissional

It’s important for anyone to consider whether their interviewing method is actually capable of eliciting a detailed, accurate, reliable account. The “ask some questions and record the answers” method is inadequate and is unlikely to uncover motivations and root causes of issues. Instead, interviewers should be trained in interviewing methods that are scientifically proven to elicit accurate responses. Without this training, interviewers can never be sure they’ve actually reached the heart of the matter. And decision-makers can’t really be sure they’re making decisions based on reliable data. This is a risk not worth taking.

It’s important to get the balance right when it comes to the final report. It can’t be too short, but is also shouldn’t be unnecessarily long. The latter is usually the major issue with investigators creating long detailed reports (sometimes hundreds of pages!) that really could be a lot shorter. The issue is that the decision maker then has to spend additional time reading unnecessary fluff before arriving at the critical information. This is costly in terms of additional time spent writing the report and the extra time to read it.

After the investigation, conduct a review to identify areas for improvement in the process. Some methods for gathering feedback include interviews and surveys, such as 360 degree surveys. Use insights coming from the feedback to enhance future investigations and make necessary adjustments to policies and procedures.