Workplace Investigations

We can also assist clients to investigate discrimination complaints and to coach relevant staff on how to conduct an investigation. Employers have legal obligations to their employees to ensure that the workplace is free from harassment and discrimination. It is vital that, as an employer, you have in place pro-active and responsive mechanisms to prevent and minimise discrimination and harassment in your workplace.

 

FoodBev HRS's process and approach ensures that obligations of procedural fairness and natural justice are met and the workplace investigation is likely to be upheld if subsequently tested externally. Our workplace investigations are not limited to dealing with matters of evidence but also provide insight into underlying causes of the complaint such as lack of capability, cultural issues, systematic process failures and risky management styles. This assists organisations with understanding how the conflict developed and what risk control measures should be put in place.

 

Whether a workplace investigation is conducted properly can be crucial to the successful resolution of a complaint or the defence of a legal claim against your business. In many businesses, the need for investigations will be quite common. Investigations may become necessary:

• if you become aware of possible conduct by an employee that may justify disciplinary action or even dismissal if it is found to have occurred, for example a breach of an organisation rule or policy, or illegal conduct.

• if an employee lodges a complaint about the behaviour of another employee, for example concerning sexual harassment, bullying or micro-management.

• under the new provisions of the Fair Work Act that commenced on 1 July 2009, if an employee claims that he/she has a 'workplace right' and/or he/she has been subjected to 'adverse action' in connection with that right.

 

Examples of incidents that must be investigated include allegations of theft or fraud, fighting, harassment, drug-taking, breaches of safety provisions, damage or misuse of company property (eg vehicles, computers), discrimination, contravening workplace rights, etc. An investigation has two purposes:

• to determine whether alleged incidents actually occurred

• to identify and take account of any mitigating circumstances of the alleged incidents.

 

The bottom line for employers is: only act on the basis of provable facts, not hearsay or suspicions, and be able to justify every action you take.

 

To conduct an effective investigation, FoodBev HRS will help you to understand:

• your legal obligations

• the investigator’s role

• how to collect evidence

• how to interview witnesses and take statements from them

• how to record and prepare witness statements

• how to prepare and structure an investigation report

• what to do after you have prepared the report.

• We can conduct workplace investigations or instruct a suitably legally qualified workplace investigator

• Liaising with appropriate experts for accounting fraud, computer fraud, false WorkCover claims, or any other case of dishonest conduct

 

We undertake investigations in accordance with our client’s organisational procedures and consistent with the principles of natural justice.