At Work InSights Investigations, we help businesses investigate all types of matters that arise in the workplace (such as complaints about bullying), leveraging our considerable experience to provide you with immediate guidance on a suitable way forward. In particular, because of our link with Harmers Workplace Lawyers, we have significant experience and expertise in the area of complaints about sexual harassment and bring that expertise to our investigations unit.
We understand the need to react quickly, carefully and discreetly to provide peace of mind that any matter is managed in a procedurally fair manner designed to minimise risk.
WHAT IS AN INVESTIGATION?
The purpose of an investigation is to determine, assess and report on workplace issues. A workplace investigation is not a formal trial. The strict rules of evidence do not apply, although it is advisable to at least keep in mind some of those rules, and it is certainly necessary to maintain natural justice throughout an investigation.
Investigations may arise as a result of any of the following:
- workplace conduct;
- disciplinary matters;
- workplace inefficiencies;
- underlying workplace issues; and
- where a complaint (for example, about bullying or sexual harassment) has been made.
No two investigations are ever the same.
WHY CONDUCT AN INVESTIGATION?
Not every issue requires an investigation, and even where some investigation is needed, not every matter requires a formal investigation. Whether an issue requires a more formal investigation will depend on several factors and should be assessed by a practitioner experienced in issues arising in the workplace. A more formal investigation should be conducted where there is a significant impact on any or all of the following:
- the person making the complaint;
- the person who the complaint is made against;
- the workforce; and/or the wider business.
WHY IT IS SO IMPORTANT TO GET IT RIGHT
All employees are entitled to both substantive and procedural fairness, as well as other legal rights in respect of an investigation. There are numerous examples of where businesses have attempted to manage an issue, only to run into subsequent difficulty where the matter has not afforded a “fair go” all round. We have a detailed understanding of the law and how to effectively run investigations to help you avoid such pitfalls.