HR Insider’s Post

Cracking the case: What you need to know about workplace investigations. In my latest article with Business Chamber Queensland I delve into the crucial role of workplace investigations, when it is necessary for your business to conduct one and when it is necessary to engage an external investigator. Understanding the nuances of workplace investigations is essential for HR professionals, managers and business owners alike. Click below to read the full article and subscribe to our Business Bulletin for more articles weekly. https://lnkd.in/gKw9CAkY

Your human resources department may not be the best option when it comes to handling serious workplace investigations. In-house investigations can pose several risks, despite the potential benefits of familiarity with company culture and processes. Some of these risks include: ❗Bias and lack of objectivity ❗Conflict of interest ❗Perception of retaliation or reprisal ❗Limited expertise and experience ❗Confidentiality concerns ❗Legal and compliance risks ❗Reputational damage Remember: Fair, unbiased, and timely workplace investigations are indispensable tools for fostering a culture of respect, equity, and accountability in the modern workplace. By upholding these principles, organizations can demonstrate their commitment to upholding fundamental rights, promoting employee well-being, and fostering a harmonious and productive work environment. If your organization is facing a serious internal conflict, it may be time to consult a third-party professional. Not just anyone will do – it’s incredibly important to do your research and pick the right investigator near you to conduct a thorough, unbiased workplace investigation. The goal is to get all the facts required to make a thoughtful, informed decision based on the outcome of the process. Discover Global Mindful Solutions' Investigation services to better understand how we can help you reach conflict resolution and maintain productivity in your workplace. #hrinvestigation #workplaceinvestigation #conflictresolution

💥 We’re not sure about anyone else, but we can’t believe we’re almost a quarter of the way through this year! 💥   2024 has taken off with a bang at Nellers HR Consulting, with major outsourced HR client & project work underway, and some new projects in the pipeline which are keeping us busy and on our toes.   One particular area we have seen a big uptake in demand for is 🔍 workplace investigations 🔎.      This is a hot topic and one which was the focus of a recent blog entry ‘Workplace Worries? What about a Workplace Investigation?’ Our workplace investigations team covers a broad range of complex topics from interpersonal conflict, bullying and harassment, to financial conflicts of interest.   Following a correct workplace investigation process is critical, as a failure to do so can not only invalidate findings, but also diminish the trust and confidence your people have in you to appropriately address workplace issues.   Have you had a complex workplace investigation or a matter that perhaps ‘should have’ been investigated, but wasn’t? How did that impact your business? Get in touch to talk to one of our experts about how we can help you. 💥 Amber Savage Daniel Neller Rosie Galloway Jennifer McLeod Tennille Parry Ross Wakeford💥 #HR #workplaceinvestigations #humanresources #investigation #investigate #grievance #respectatwork

🔎 Are you up to date with the requirements for conducting workplace investigations? 🔍 A recent ruling by the FWC addresses the crucial question of whether employers are required to provide investigation reports to employees accused of misconduct. This decision serves as an important reminder of the fine line organisations must navigate between maintaining confidentiality and ensuring procedural fairness during workplace investigations, especially when dismissal is a possible outcome.     Case:  An employee at (the organisation) faced allegations of several breaches of company policy, prompting an external investigator to conduct a misconduct investigation. Based on the findings in the investigation report, the organisation decided to terminate the employee’s contract. The employee argued that his right to procedural fairness had been violated because he was not given the full investigation report before dismissal. Without access to the entire report, he claimed he could not fully understand the allegations and evidence, thus limiting his ability to defend himself. The FWC ruled in the organisation's favour, determining that procedural fairness does not always mandate giving the employee the full investigation report. However, the Commission emphasised that employers are still required to provide sufficient details to enable the employee to respond effectively to the allegations.    So, are you aware of what constitutes ‘sufficient details’ in this context? Do you have the documentation required to complete a thorough workplace investigation? Do you understand how to manage the disclosure process? 📣 For guidance or support, please reach out to Naomi Thomas (CAHRI) naomi@fibrehr.com.au or the friendly team at fibreHR.

Workplace Investigations...complex, sensitive and emotionally taxing on everyone involved. They can also be extremely time consuming and lead to poor outcomes for organisations if they aren't done well. Based on this, I'm not surprised that we have seen a huge increase in client's outsourcing this work to us! Check out our recent blog to learn more, or reach out for a chat to find out how we can support you in this space. 🙏

Basics of Workplace Investigations In Canada, workplace investigations help address various types of workplace misconduct, including issues such as harassment, violence and discrimination. Here are some basics to keep in mind: 1)     Legal Framework: Workplace investigations in Canada are governed by various federal and provincial laws, including human rights legislation, labour laws, and occupational health and safety regulations. It’s essential to understand the legal framework relevant to your jurisdiction. 2)     Impartiality and Fairness: Investigations should be conducted by impartial and trained individuals who have no personal stake in the outcome. The investigator must maintain fairness and objectivity throughout the process. 3)     Promptness: Investigations should be initiated promptly upon receiving a complaint or becoming aware of a workplace issue. Delaying investigations can exacerbate the situation and undermine trust in the process. 4)     Confidentiality: Maintaining confidentiality is crucial to protect the privacy of all parties involved in the investigation. Information should only be shared on a need-to-know basis. 5)     Thoroughness: Investigations should be thorough and comprehensive, gathering relevant evidence, interviewing witnesses, and examining relevant documentation. An investigation report should be prepared outlining the findings and conclusions. 6)     Documentation: Proper documentation of the investigation process is essential. This includes documenting all steps taken, interviews conducted, evidence collected, and decisions made throughout the investigation. 7)     Respectful Treatment: All parties involved in the investigation should be treated with respect and dignity. This includes the complainant, respondent, witnesses, and any other individuals involved in the process. 8)     Non-Retaliation: Employers must ensure that there is no retaliation against individuals who raise concerns or participate in workplace investigations. Retaliation can take various forms, including adverse employment actions or harassment. 9)     Follow-Up and Remedial Action: Once the investigation is completed, employers should take the appropriate measures based on the findings. This may include disciplinary action, training, policy revisions, or other measures to prevent future incidents. 10)  Continuous Improvement: Employers should continuously review and improve their policies regarding investigation processes based on feedback and best practices. Regular training for investigators and awareness programs for employees can help enhance the effectiveness of workplace investigations. By adhering to these basics, employers can conduct fair, thorough, and effective workplace investigations that promote a positive and respectful work environment. #AnswersThatMatter #WorkplaceInvestigations

Exciting news!! We've shared our investigations expertise and best practices and taught other human resources and employee relations professionals how to conduct sound investigations for more than 25 years. We're pleased to introduce our new, on-demand, public investigations courses that cover the fundamentals of conducting workplace investigations. Follow the link for details and to enroll in our courses! #workplace #investigations #toolkit #bestpractices #ondemand #training #HR #employmentlaw #SHRM #HRCI #PCD

For the past 25+ years, we've shared our investigations expertise and best practices in addition to teaching other human resources and employee relations professionals how to conduct sound investigations. We've recently introduced on-demand public investigations courses that cover the fundamentals of conducting workplace investigations and have rounded up five articles that illustrate best practices in investigations and are the foundation of our new, public, on-demand courses. #workplace #investigations #HR #employmentlaw

🔍 Delve into best practices for workplace investigations! Our latest blog post, "7 Steps To Conducting A Proper Workplace Investigation" explores what can happen and 7 best practices when you have to conduct a workplace investigation. Reach out to us today for support at 647-794-5442. #WorkplaceInvestigation #HRManagement #BridgeLegalHR

Workplace investigations play a vital role in resolving disputes at work. 🤝 When a potential disciplinary or grievance issue is brewing, a quiet word or informal action just won’t do. Instead, you’ll need to investigate the matter - promptly and fairly - and do all you reasonably can to find out what’s happened. 🕵️ Done well, investigations help protect your organisation by uncovering the facts and identifying any potential misconduct. They support informed and objective decisions and help keep things less stressful for all involved. On the flip side, if handled badly, workplace investigations can damage your reputation and could land you in legal hot water. 🥵 For that reason, it’s crucial to get it right. ✅ We’re well aware that each workplace investigation varies in complexity, circumstances and facts. However, there are some general principles to follow which can lend a helping hand. Watch our latest video, where we run through the steps to ensure your workplace investigation runs smoothly, minimises stress for all involved and avoids the risk of legal action. 👩⚖️ Watch it here 👇 https://lnkd.in/dQZP4YJ8