What To Do If You Notice Bullying in the Workplace

The modern workplace is typically seen as a fast-paced environment where employees are expected to work efficiently and effectively under pressure. However, this positive image of the modern workplace is often overshadowed by the prevalence of bullying in the workplace.

 

Understandably, many employees’ organizations, unions and individuals have become increasingly concerned about cases of bullying in the workplace. In fact, it is estimated that nearly one in five workers has experienced some form of bullying from their co-workers or bosses.

 

Further research on the topic suggests that as many as 43% of employees have been exposed to abusive behaviour from their supervisors. However, there are steps you can take to handle a potentially volatile work environment if you notice bullying in the workplace. If you believe that you are being bullied at work, here are some things you should keep in mind:

 

 

Know what constitutes bullying in the workplace

Let’s start by taking a closer look at the criteria for workplace bullying. While the exact behaviour that fits the description may vary from case to case, there are some general guidelines for what constitutes bullying:

 

A power imbalance between the parties involved - In many cases, there is a clear imbalance of power between the parties involved in the bullying. The bully often holds a higher rank than the victim, which makes it easier for the bully to inflict harm.

 

Repeated harmful behaviour - As the name suggests, workplace bullying involves repeated harmful behaviour. There are some cases where a single event may be considered bullying, but it is usually a pattern of behaviour rather than a single event. This is because bullying is often meant to be sustained over time.

 

Specific target - Unlike other forms of workplace misconduct, bullying usually has a specific target. This means that while the bully may also pick on other people, the target of bullying is usually identified as one person.

 

Check your employee handbook

If you believe that you are being bullied at work, you should review your employee handbook. The handbook is typically where employers outline their policies and procedures for handling various workplace issues.

 

There is usually a clear section on bullying in the employee handbook. If you find that the policies outlined in the handbook are being ignored, you can use the handbook as leverage when speaking to HR or your supervisor. If your company has a specific anti-bullying policy in place, you can use that against your bully. You can also use the company’s anti-harassment policy to report your bully if one exists.

 

Confront the bully directly

Just because you are being bullied at work does not mean that you are a victim. If you notice bullying in the workplace, you have the power to confront your bully directly. If possible, you should try to confront your bully in a neutral and safe environment.

 

Stay away from locations where you might be more likely to encounter an aggressive reaction, such as near the bully’s desk. During the confrontation, don’t be afraid to stand up for yourself and set clear boundaries. By doing so, you may be able to put an end to the bullying and avoid having to escalate the situation any further.

 

While this method may be effective in some situations, it isn’t always the best choice. Some bullies may react aggressively to being challenged. In addition, some bullies may be feeling insecure, and confronting them directly may make them feel more threatened.

 

Escalate the problem to HR

If confronting your bully directly does not seem to be working, you can escalate the situation to HR. In some cases, the bullying may be so severe or is happening so frequently that HR may be required to take action against the bully.

 

In other cases, HR may be able to step in as a mediator and help you and your bully come to an agreement. You may be hesitant to escalate the problem to HR out of fear that you will be seen as a troublemaker or that you will be seen as weak. However, the truth is the opposite. By escalating the problem to HR, you are taking action to stop the bullying.

 

Take steps to protect yourself and document the event

In addition to taking the steps outlined above, you should also take steps to protect yourself against the bully.

 

While this may not seem like the most direct way to handle the problem, it will help ensure that you can keep your job and career intact. While you may be tempted to neglect your job while you focus on dealing with the bullying, you should avoid doing so. This can negatively impact your performance and may lead to termination. You should instead focus on doing your job well, while taking steps to protect yourself from your bully at the same time.

 

By taking the following steps, you can protect yourself against your bully:

 

Avoid working alone with the bully. Whenever possible, try to avoid spending time alone with your bully. If you do have to work with them one-on-one, make sure that you have a witness present at the event.

 

Avoid engaging in any confrontational conversations with your bully. Don’t engage in any arguments with your bully, even if they seem to be baiting you into a discussion. The less attention you give your bully, the better.

 

Conclusion

Bullying in the workplace is a serious issue. In fact, some experts suggest that workplace bullying is a more significant problem than sexual harassment. However, this does not mean that you have to tolerate workplace bullying.

 

If you notice bullying in the workplace, you have several options for dealing with the issue. You can confront your bully directly, you can escalate the issue to HR, or you can take steps to protect yourself from the bully. No matter which route you choose, you can put a stop to workplace bullying.

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Avoid the Rush to Terminate.

Termination is one of the last resort actions within an organization. Why? Because it almost always signals a failure somewhere and sends a negative message to current and prospective employees.

 

Termination also triggers severance pay, unemployment benefits, and other complications that most organizations work hard to avoid.

 

In fact, there’s no faster way to destroy your employee brand than terminating a large number of employees for performance issues. Unfortunately, that’s not where the missteps end. When considering termination as an option, we recommend avoiding these common pitfalls:

 

Don’t terminate for the wrong reasons.

Every organization has a different set of expectations for employee performance, but for most companies, a serious performance issue is the last thing on their list.

 

If you are considering termination, first, make sure you are not making a misstep based on a misunderstanding of the employee’s responsibilities or a misperception of their work. For example, if an IT employee failed to write a system upgrade schedule, that may be a mistake or it may be a sign of a larger problem. You can’t be sure until you ask.

 

Similarly, don’t terminate an employee because of a personality clash or a misunderstanding between the employee and the manager. Better communication, coaching, and mentoring can often resolve these issues. If an employee is performing well in most respects but has one or two issues related to their core job function, you may want to consider a Performance Improvement Plan (PIP) before termination.

 

Avoid using a poor performance improvement plan (PIP) as a pre-step before terminating.

Many companies use PIPs to help employees improve performance before terminating for poor performance. Although PIPs are appropriate in some cases, many companies use them as a pre-step to termination.

 

However, if an employee successfully completes a PIP, they’ve demonstrated they have the potential to improve.

 

If you terminate an employee following a PIP without cause, you risk a discrimination lawsuit. For example, if you terminate an employee who has a disability following a PIP, that employee may have grounds to file a discrimination lawsuit.

 

You can protect yourself by documenting the employee’s performance issue and clearly documenting the terms of the PIP. Include clear expectations and a clear completion date. Follow up with the employee at regular intervals to monitor their progress on the PIP.

 

Don’t terminate without having a record of why you are making the decision.

Terminating an employee for poor performance is risky. Termination is a serious step that can seriously damage your employee brand. As a result, before terminating an employee for poor performance, you must document the employee’s performance issues and the record in writing.

 

One of the biggest mistakes organizations make is terminating an employee for performance issues without having a paper trail that supports the decision. An employee who has been terminated for poor performance can file a wrongful termination lawsuit.

 

If you terminate an employee without the appropriate documentation, you may lose the suit and the terminated employee may win severance. If you terminate an employee with the appropriate documentation, they may still file a wrongful termination lawsuit but they will almost always lose.

 

Don’t rush the decision to terminate based on emotion.

In most organizations, poor performers elicit strong emotions, such as frustration and disappointment. As a result, you may feel the urge to make the termination decision quickly. Don’t do it.

 

If the employee is a good performer but has one or two major performance issues, you may be able to help the employee improve their performance. If the employee is a poor performer, you may be able to help the employee improve their performance if you give them time, coaching, and mentoring.

 

Terminating an employee for performance issues is a last resort after every other option has failed, so don’t rush the decision to terminate. Make sure you have exhausted every option before you decide to terminate.

 

When deciding whether to terminate an employee for performance issues, consider the following:

 

 

• Have you given the employee clear expectations and sufficient time to meet those expectations?

 

• Is the employee meeting most of the expectations but falling short on one or two core job functions?

 

 

Make sure you have an employee handbook that supports your decision.

 

If you want to terminate an employee with less risk, make sure your employee handbook is up to date and that it supports the decision to terminate. For example, if your handbook calls for progressive discipline, it may not support a decision to terminate for poor performance.

 

Similarly, if your handbook calls for multiple rounds of coaching or mentoring before terminating, it may not support a decision to terminate following a single round of coaching or mentoring.

Wrapping Up.

Ultimately, terminating an employee is a difficult decision that almost always signals a failure somewhere.

 

Terminating an employee is not something you want to do unless you have exhausted every other option and have a paper trail that supports the decision. When deciding whether to terminate an employee, make sure you have a clear understanding of their performance issues, that you have given them time and coaching to improve their performance, and that your employee handbook supports the decision to terminate.

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How Bullying Manifests at Work — and How to Stop It

Bullying is an unfortunately widespread issue that affects individuals in many different contexts, and the workplace is no exception. Whether it's subtle or overt, bullying in the workplace can have a detrimental effect on the mental health and morale of employees.

 

It can take many forms, from verbal abuse to withholding resources to manipulation. It is important to understand the different manifestations of bullying and the ways it can be addressed and stopped. Through increased education and training, and by creating an environment of support and respect, organizations can create an atmosphere that discourages bullying and promotes a safe and productive workplace.

 

 

What is workplace bullying?

Workplace bullying is a form of psychological abuse in which an individual or group systematically mistreats another person in the context of their job. While not all mistreatment in the workplace is bullying, all bullying is mistreatment in the workplace.

 

 

Bullying in the workplace takes many forms, including inappropriate or malicious comments, unreasonable criticism, public humiliation, attacks on one’s character or competence, unreasonable demands, threats, and harassment based on any protected characteristic. It can happen in any type of workplace, from a small company to a multinational corporate office, and can affect employees at every level. 

 

Bullying can take many forms. It can be overt, with a manager or co-worker screaming or berating someone in front of others, or it can be subtle, with comments passed behind closed doors.

 

 

Signs of workplace bullying

If you are being bullied at work, you might experience any combination of the following signs:

 

• You start dreading going to work.

 

• You are depressed or anxious, or start feeling that your life is out of control.

 

• You’re experiencing health problems like gastrointestinal issues, headaches, or trouble sleeping.

 

• You have trouble getting along with family and friends, even people who have nothing to do with your job.

 

• You’re putting in long hours without accomplishing anything.

 

Why workplace bullying is a serious issue

No one should be made to feel unsafe or unhappy at work, but bullying can cause long-lasting effects. Individuals who experience workplace bullying can experience a wide range of symptoms, including anxiety, depression, and physical illness. This can lead to increased absenteeism, doctor visits, and healthcare costs, as well as lost productivity.

 

 

A culture of bullying can drive employees out of the workplace entirely, costing organizations millions in recruitment and training costs.

 

 

Bullying can also have negative effects on the organization as a whole. Studies show that companies with strong cultures and high employee satisfaction perform better on the whole. While any one instance of bullying can be addressed, bullying that is allowed to continue can have a lasting impact on morale and productivity.

 

 

How to create an environment that discourages bullying

Beyond addressing bullying that is already occurring, employers can take steps to prevent bullying from occurring in the first place. By creating a culture that encourages open and honest communication, and that respects every person, whether they are the CEO or a new hire, employers can help prevent bullying.

 

 

Employers can also take steps to eliminate imbalances of power in the workplace and avoid creating situations that could lead to bullying. This can include having clear policies and procedures, distributing information on resources and support available to employees, and instituting transparent and fair evaluation practices.

 

 

Employers can also encourage employees to speak up when they see bullying occurring. This can include having an anonymous tip line, encouraging peer-to-peer communication, and providing training on how to address bullying and bring it to the attention of management.

 

 

Strategies for addressing workplace bullying

Once bullying is reported, employers should investigate and address it immediately. This includes clearly communicating that the behaviour is unacceptable and that those who engage in it will be held accountable.

 

 

Employers can take a wide variety of steps to address bullying, including offering training or coaching in skills and communication, providing support services like counselling or employee assistance programs, and taking disciplinary action against anyone found responsible for bullying.

 

 

Bullying is often a symptom of a larger problem, such as a toxic culture, poor communication, or a lack of training and skill-building. In addressing bullying, it is important to get to the root of the problem and address it as effectively as possible.

 

 

What employers can do to stop workplace bullying

Employers can also take additional steps to put an end to bullying in the workplace, including instituting regular employee surveys, providing resources and support for those affected by bullying, and making sure supervisors and managers are appropriately trained to deal with any instances of bullying that may arise.

 

 

The importance of bystander intervention

One of the most important ways that organizations can address bullying is by empowering bystanders to intervene. While it can be helpful to focus on dealing with bullying after it has happened, it can be more effective to prevent it from occurring in the first place.

 

 

Those who witness bullying and do not speak up can be called bystanders, and they can take action to discourage bullying and support those affected by it. Bystander intervention can include speaking up when you see bullying occur, or, if it’s not safe to do so, reporting it after the fact. Employers can provide support and training to help employees intervene safely and effectively.

 

 

Legal implications of workplace bullying

Workplace bullying is against the law in some jurisdictions, and employers who fail to address it can be held liable for negligence or workplace discrimination.

 

No one should have to suffer through bullying at work, and, if you are being bullied, you have the right to address it. This includes taking action against your employer if they fail to stop the bullying or make you feel safe at work.

 

Bullying at work can be a serious and devastating problem. Employers have a responsibility to create a safe and supportive workplace where everyone can feel empowered to do their best work. This means taking swift action against bullying when it happens and proactively addressing the root causes of bullying in the first place. By taking these steps, employers can help put an end to bullying in the workplace once and for all.

 

 

Effective ways to create a workplace free of bullying

Ending workplace bullying requires a multi-faceted approach. Employers must take steps to prevent bullying in the first place, respond appropriately when it occurs, and create a culture of respect and support that discourages bullying.

 

 

Create a non-punitive environment that encourages open communication.

 

The best way to prevent bullying is to create an environment where employees feel comfortable addressing issues, reporting concerns, and speaking up for themselves and others. This means creating a non-punitive environment, where employees feel safe bringing up issues without fear of being punished.

 

 

Invest in training and coaching to address the root causes of bullying. No one is born with the skills to be a respectful and effective manager or colleague. By investing in training and coaching, employers can help equip employees with the skills they need to positively contribute to their organization.

 

Provide support and resources to help employees cope with bullying.  While it’s important to take action against bullying, it’s also crucial to support employees who have been affected by it. This includes providing resources like counselling and access to employee assistance programs.

 

Conclusion

Workplace bullying is a serious issue that can have devastating effects on employees. It is important for employers to take steps to prevent bullying from occurring, to respond appropriately when it does happen, and to create a culture of respect and support that discourages bullying.

 

 

By taking these steps, employers can help put an end to bullying in the workplace and create a positive environment where everyone can thrive.

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How Bullying Manifests at Work — and How to Stop It.

Bullying can take many forms. It doesn’t just happen at school or in other social situations; it can also happen at work. However, while many people think of bullying as a rather trivial thing, the effects on the victim can be devastating. And while not everyone who mistreats others at work is doing it as an act of bullying, this is a type of behaviour that can often result in the victim being ostracized and even fired.

 

Bullying is an insidious thing that creeps up on you when you least expect it, so if you recognize any of these warning signs, you need to take steps to put a stop to it before things get out of hand. Read on for more details about how bullying manifests at work and how you can stop it from getting out of control.

 

Recognize the signs of bullying at work

Bullying usually takes place behind closed doors, with the bully targeting individuals who are less powerful than they are. There is often a pattern of behaviour, such as a manager taking offence at something an employee has said and then taking it out on them in some way.

 

Because bullies are often looking to humiliate the people they target, they may engage in subtle forms of harassment, such as raising their voices at employees or making sarcastic comments. Bullying can also take the form of sabotage, such as taking employees’ tasks away from them without giving a reason.

 

Bullying is intentional — and it’s also easy to spot

While most people might assume that bullying is something that just happens, and is a natural expression of frustration, this isn’t the case. If you think someone is bullying you, then you need to make sure you document everything that happens — including instances where you were mistreated but were too afraid to speak up.

 

This will help you to prove your case if you decide to go to HR. If you see bullying taking place, you need to be firm in your response to it. Don’t try to pretend that you don’t see what’s going on, or that you don’t care — as this will only serve to make you a target for the bully as well.

 

It’s also possible for employees to be complicit in bullying

While managers and senior members of staff are often the perpetrators of bullying, it’s also possible for the rest of the staff may be complicit in this type of behaviour.

If you see your colleagues joining in with the bullying, either actively or passively, you must speak up. If you don’t, you might find yourself becoming a target, as bullies often like to silence anyone who tries to stand up for the person they are bullying.

 

When employees feel bullied, they often react by quitting

It’s important to remember that, while bullying can be a very destructive type of behaviour, it isn’t always obvious at first. In fact, it can take time for the effects of bullying to become apparent, meaning that you might not even realize that you have been bullied until it’s too late.

 

If you feel that someone is bullying you, you need to take immediate action. As we mentioned earlier, you should document any events that have led you to feel this way, but you also need to tell your manager.

 

Strategies to help stop workplace bullying

Create a culture of inclusion: There are many different types of people in the world, and when you work with a group of individuals, there is a chance that some of these people might rub each other the wrong way. However, creating a culture of inclusion can help employees feel valued and included, thereby helping to avoid bullying.

 

Hire the right people: While this might sound ridiculous, it’s true. If you are hiring new employees, make sure that you hire the right people — people who share the same values as you and who will fit in with your current team. This will help to put a stop to bullying in your workplace as soon as it starts.

 

Don’t ignore bullying: If you see that bullying is happening at your workplace, you need to take action. Make sure that employees know that you will not stand for bullying, and that you have a clear disciplinary policy that applies to everyone. This will stop bullying in its tracks.

 

Have regular one-on-one meetings: During these meetings, make sure to ask your employees how they feel about the work they are doing. If they feel bullied, make sure that you address the issue immediately.

 

Offer support to employees: Bullying often occurs because an employee feels that they have no other options. Make sure that your employees know that they can turn to you for help.

 

Conclusion

Bullying can occur in many different ways, and you must know how to recognize it and how to respond to it.

 

Although bullying can be subtle, it’s important that you don’t ignore it — otherwise, the situation might escalate and become even more destructive.

Make sure that you take action when you see bullying occurring, and be careful to take steps to avoid it happening to you.

 

With a bit of careful planning, you should be able to stop bullying before it has a chance to get out of control. Now that you know what to look out for and how to put a stop to workplace bullying, you can be sure that you will have a positive work environment. In fact, you might even have a workplace that’s too positive — but that can’t be a bad thing, right?

Need help with a Melbourne Workplace Bullying investigation. Call Jolasers now on 0418 101 164.

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Managing Conflict and Bullying Behavior in the Workplace.

Conflict and bullying behavior in the workplace can be stressful and negatively impact employee morale, performance, retention, and company culture.'

 

Both conflict and bullying have the potential to negatively impact team dynamics. However, there are several ways that organizations can proactively manage these risks before they escalate into more serious problems.

 

Whether you work as a supervisor or lead a team, being able to identify the early signs of conflict or bullying behavior is crucial because it allows you to take action before things get out of hand.

 

This guide will give you tips on how to manage these risks effectively so your team members can stay productive while remaining happy at work.

 

What is bullying behavior in the workplace?

Bullying behavior refers to any repeated, unwanted behavior that creates a hostile or intimidating work environment for another employee.

 

Workplace bullying can happen in any industry, and it can occur between peers, subordinates, or even supervisors and employees.

 

While verbal and emotional abuse are common types of bullying, harassment, intimidation, and sabotage can also be forms of bullying. Even if the behavior is subtle, repeated actions can amount to bullying if they create a hostile work environment.

 

Although bullying behavior can occur in almost any work environment, certain industries are more susceptible than others. Healthcare, construction, and technology are just a few examples of industries where bullying is more frequent.

 

Examples of bullying behaviors in the workplace include:

 

Verbal abuse (sarcasm, insults, name-calling, threats)

 

Intimidation, sabotage, or destruction of property

 

Humiliation (public shaming, inappropriate touching, sexual harassment)

 

Interference with work or withholding critical information

 

Psychological or emotional abuse (excessive monitoring, withholding praise or feedback, undermining self-confidence with excessive criticism)

 

Physical abuse

 

Discrimination based on race, religion, gender, sexual orientation, disability, or other protected categories

 

What is conflict in the workplace?

Conflict is a natural part of any workplace environment. However, when conflict becomes bullying and creates an uncomfortable work environment, it can have serious repercussions for the company, team members, and supervisors.

 

Like bullying, conflict can happen in any industry, although certain fields are more susceptible, such as healthcare, construction, and technology.

 

Conflict is a disagreement that escalates into an argument. It can happen between any two individuals, groups, or departments within the organization.

 

Conflict can be constructive or destructive, and it can be caused by many factors, including personality clashes, miscommunication, poor organizational structure, and financial concerns.

 

Although conflict can negatively impact productivity, it can also be used as an opportunity to create positive changes in the organization and improve employee engagement.

 

What should you do if you observe bullying behavior?

If you observe bullying, you have a duty to report it. Depending on your company’s policy, you may be required to report any bullying behavior, regardless of whether it has escalated to the point of creating a hostile work environment.

 

There are several signs that indicate bullying has occurred, such as a one-sided pattern of negative interactions between two employees and an ongoing pattern of resentment. If you observe bullying, you should report it to your HR representative or someone in a supervisory position.

 

You should also report any incidents that could lead to bullying. Examples include aggressive emails, verbal exchanges, or an employee who is critical of others but mostly gets away with it because no one wants to report it.

 

What should you do if you observe conflict?

First, you should assess the situation to determine whether it is a conflict or bullying. Conflict and bullying are not mutually exclusive, so if you witness some bullying as well as conflict, you should report both.

 

Before you address the problem, you should evaluate the situation to determine the best course of action.

 

Conflict is often situational, meaning it is triggered by an event, person, or situation. It can be helpful to note the circumstances that led to the conflict so you can address them directly. If the conflict is ongoing, you should encourage the individuals involved to address the issues directly. If they refuse to do so, you can facilitate a discussion to help resolve the issue. You may need to provide suggestions on how they can communicate without damaging the other person’s feelings.

 

If the conflict is coming from a few teammates, you might need to intervene before it escalates. You can try to resolve the conflict informally by facilitating a discussion between the individuals involved. If the conflict is between a few individuals and it’s starting to negatively impact the rest of the team, you should address it formally. You can do so by bringing the issue to the attention of your supervisor or HR representative.

 

Strategies to address workplace conflict and bullying behaviour

Be a mediator - If you observe conflict between two employees, you can use mediation to help resolve the conflict. Mediation is a voluntary process in which you assist the parties in resolving their conflict.

 

Be a facilitator - If two employees have already tried to resolve their conflict but are unable to find a solution, you can facilitate a discussion between them to help them find a solution.

 

Be a sounding board - If you’ve tried to help resolve the conflict but one employee just needs to vent, you can be a sounding board. Simply listen to the employee without trying to solve the problem.

 

Be an active listener - A lot of conflict can be avoided if employees feel they can freely discuss problems without being judged. If two or more employees are disagreeing, you can actively listen to what they have to say and give your input, but only when asked.

 

Be an objective observer - Sometimes, a conflict between two employees escalates to the point where it interferes with their ability to perform their job duties. In these situations, you can act as an objective observer and report your findings to your supervisor or HR representative.

 

Conclusion

Managing conflict and bullying behavior in the workplace is challenging, but organizations can take several steps to reduce the risk of these issues.

The first step is to recognize the signs of conflict and bullying so you can intervene before the situation escalates.

 

After you recognize the signs, you can use several strategies to proactively manage the issues. This will help create a healthy work environment where employees feel comfortable bringing up any problems they have so they can be resolved before they escalate into bullying or other serious problems.

 

Jolasers offer a professional workplace investigation and we have vast experience investigating workplace conflict and bullying matters.

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Responding To A Workplace Allegation? Considerations For Conducting Workplace Investigations.

How will your company respond to a workplace allegation? With the recent increase in media coverage regarding sexual harassment by high-profile individuals, more employees are reporting their own experiences of workplace abuse.

 

While some companies may choose not to conduct an investigation unless driven by legal obligations or other factors, many organizations recognize that prompt and thorough investigations serve both their interests and those of the employee who raised the concern. This blog post provides insights on considerations for conducting workplace investigations when responding to an allegation of misconduct or wrongdoing.

 

Understand the Company’s Legal Obligations

Before you begin an investigation, you need to understand the company’s legal obligations and how these may influence the scope and timing of the investigation. Some common legal obligations that may inform the scope of or timing of the investigation include:

 

Investigation of discrimination or harassment claims.

 

Investigation of employment contract violations: If an employee is accused of violating the terms of their employment contract (e.g., misappropriation of funds, breach of fiduciary duty), the employer is obligated to investigate.

 

Investigation of workplace health and safety issues: Employers are obligated to investigate workplace health and safety issues and promptly correct any hazards identified.

 

Knowing Your Company’s Culture

As part of the investigation, you’ll want to understand the company culture. What are people’s perceptions of the company and their place within it? Knowing how people feel about the culture of the organization will help you make informed decisions about actions such as disciplining an offender.

 

Even if your company has never had a complaint brought against it, you should still consider how cultural factors can impact the results of an investigation. For example, if your company culture is highly driven by competition and pressure, there may be an increased likelihood that someone will fail to report misconduct out of fear of losing their job or being overlooked for promotion.

 

Knowing The Parties Involved In A Workplace Allegation

As soon as possible after receiving a report, you should begin to build a general understanding of the parties involved. Who was present during the event? Who was not? Who has a vested interest in the event occurring and who doesn’t?

 

These may seem like basic questions, but you’d be surprised how easy it is to get sidetracked and overlook them during the investigation.

 

Know your company’s resources and capabilities

Before beginning an investigation, you may want to gauge the company’s capabilities and resources related to investigation capabilities. For example, is there an HR person or team that handles investigations, or is that primarily an executive’s job?

 

Does your company have the resources to conduct a thorough and timely investigation? These factors may impact the scope and timing of the investigation. For example, if your company handles investigations internally and doesn’t have access to outside investigators, you may have to consider whether a prompt investigation is still possible and determine if that is the best course of action given the circumstances.

 

Ensure Timing Is Right

If multiple reports of harassment or other misconduct are brought to light, you may want to initiate a prompt investigation of all reports. However, be careful not to overreact to media attention and public sentiment. In other words, don’t try to get ahead of yourself and initiate an investigation just for the sake of doing it. Instead, respond as quickly as possible to each report as it comes in.

 

If multiple reports are brought to your attention at the same time, your best bet may be to initiate an investigation of each report and then begin to synchronize your investigation efforts across all parties.

 

Defining The Purpose Of The Investigation into Workplace Allegations

As you begin to investigate, you should define the purpose of the investigation. For example, the investigation may be intended to:

 

Correct the underlying issue(s) and/or remedy any harm that may have been caused.

 

Bring clarity to an ambiguous situation.

 

Help with any potential litigation (by helping an organization prepare for litigation, investigations can often help to reduce the likelihood of litigation).

 

Resolve questions or concerns an employee or colleague may have.

 

Assist in determining the next steps or courses of action for the organization.

 

Defining Your Objectives And Key Questions To Be Answered By The Investigation.

Next, you’ll want to define your objectives and key questions to be answered by the investigation. Some questions you may want to consider include:

 

What happened?

 

When and where did the event occur?

 

Who was involved?

 

What were the circumstances leading up to the event?

 

What were the circumstances surrounding the event?

 

What were the actions of the parties involved?

 

What were the words and actions of other people in the vicinity?

 

What were the words and actions of people who were not in the vicinity?

 

What is the impact of the event?

 

What is the intent of the event?

 

What is the motivation of the event?

 

What are the appropriate responses?

 

Determining Who Will Conduct The Investigation And What Resources They’ll Have Access To

Once you’ve considered the general investigation considerations, you’ll want to determine who will conduct the investigation and what resources they’ll have access to.

Your options for conducting the investigation may vary depending on the circumstances and severity of the incident. For example, you may want to consider:

 

Conducting an internal investigation: If the person who reported the misconduct wishes to remain anonymous, you may choose to handle the investigation internally. If you choose to handle the investigation internally, you’ll have full control over the process and the report may or may not ever become public knowledge.

 

Hiring an outside investigator: You may choose to hire an outside investigator, like a private investigator, to conduct the investigation. This may be the best choice if the incident is severe and should be handled by someone who is trained and skilled in handling workplace investigations.

 

Using a neutral third party: You may want to use a neutral third party to conduct the investigation. This may be the best choice if two parties are in dispute.

 

Considerations When Selecting An Investigator Or Counsel

The best investigator or counsel for your investigation will vary depending on the situation, but there are some general considerations you may want to keep in mind as you are selecting an investigator or counsel. Some considerations to keep in mind include:

 

Local laws: Be sure that the investigator is licensed in your state and meets the minimum requirements (if any) for conducting workplace investigations.

 

Representation of the parties: Make sure the investigator can represent all parties involved in the investigation. This is especially important if the parties are in dispute with each other.

 

Independence: Make sure the investigator is independent and can conduct the investigation without bias or prejudice.

 

During The Investigation: Preserving Evidence And Safeguarding Reputation While Gathering Facts

Once you’ve begun the investigation, there are a few things you’ll want to keep in mind while you’re gathering facts. First and foremost, you’ll want to make sure that you are preserving evidence.

 

You will need to conduct interviews with all parties involved in the investigation. If multiple people were present during the event, you’ll want to conduct separate interviews with each party so that each has an opportunity to provide their side of the story.

 

Should you require an external private investigator, Jolasers have been conducting workplace investigations in Melbourne and Regional Victoria for in excess of 16 years and can offer you a professional investigation involving the most complex of cases.

Check out this informative workplace investigation video

 

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Take Time to Plan Out Your Workplace Investigation Interviews.

A workplace investigation interview is a very serious situation. For one employee, it may feel like an interrogation. For another employee, it may feel like trick questions designed to trap them into saying something that can be used against them later.

 

Whether you’re the investigator or the person being interviewed, it’s important to remember that this is not just any conversation – it’s a workplace investigation interview. The stakes are high and the consequences of getting things wrong could be dire for everyone involved. That’s why you need to take time before your next workplace investigation interview to plan out your approach.

 

You want to come across as non-threatening and trustworthy as possible while still gathering all the information you need to make an informed decision about what happened. Follow these tips on how to plan out your next workplace investigation interview so you can have the best chance of getting all the information you need in the shortest amount of time possible.

 

Know the Law Before You Walk in the Room

One of the most important things you can do before walking into an interview is to make sure you’re well-versed in the laws of your state that govern workplace investigations. You’re probably going to be asking people questions about their actions and the decisions they made.

 

If you don’t know the rules that govern workplace investigations in your state, you might unknowingly be asking questions that are illegal. For example, in Victoria, when conducting an investigation, you must inform the person being interviewed that they have the right to have a representative present during the interview. You must also inform the person being interviewed that they have the right to refuse to answer any questions.

 

Brief All Involved People on What’s Going to Happen Beforehand

Regardless of how well you know everyone involved in your workplace investigation interview, you should always brief them on what’s going to happen during the interview. You want to give everyone being interviewed enough information to feel comfortable participating and know what to expect.

 

You also want to make sure you and everyone else involved in the interview understands the parameters of the interview, such as where and when it’s taking place, and what actions will happen after the interview.

 

A simple way to brief everyone involved is to create an interview protocol that everyone receives and signs off on before the interview. Your protocol should include clear expectations for the interview, such as how long it will take and how many people will be in the room. You should also include information about the process of the investigation and information they can provide to help you make a decision.

 

Start with Open-Ended Questions

Open-ended questions are questions that don’t have a correct or incorrect answer. Instead, they are designed to elicit information from the person being interviewed. For example, instead of asking someone, “Did you steal money from your workplace?” you’d ask, “How did you come to know there was money missing in the workplace?”

 

All workplace investigation interviews should begin with open-ended questions related to the incident in question. These are the questions that will help you understand the full situation without putting undue pressure on the person being interviewed to defend their actions. For example, ask the person being interviewed, “How did you come to the decision to do X?” or “What factors led to you making the decision to do X?”

 

Ask Neutral Questions That Don’t Presume Guilt or Innocence

You’re going to want to ask questions that help you understand the person’s point of view, their decision-making process, and their feelings about the incident in question. However, it’s very easy to slip into questioning that unfairly presumes guilt or innocence.

 

To avoid this, you want to avoid asking questions that start with the words “were you,” “did you,” “did you not,” or “why did you.” For example, you wouldn’t ask, “Were you the one who stole money from the workplace?” Instead, you’d ask, “Can you tell me what happened?”

 

Summarize and Confirm What You Just Learned

As you’re conducting the interview, you should periodically summarize what you’ve learned so far. This will help you remember important things to ask about next, as well as make sure you’re understanding everything correctly.

 

When you’re summarizing, you want to make sure to summarize what the person being interviewed has said, not what you think they’ve said. For example, you might say, “So, you were at work when you realized your peer had left a $25,000 error in the ledger, and you needed to correct the mistake before anyone noticed. Is that correct?”

 

Conclude With an Offer for Resolving Conflict Together

At the end of every workplace investigation interview, you should always offer the person being interviewed a chance to come to an agreement with the other party and/or the company about the situation in question.

 

While you can’t force anyone to reach a resolution, offering your help in resolving the conflict communicates that you’re open to a resolution and want to find a path forward. It also sends a powerful message that you care about resolving the conflict and not just finding out what happened so you can mete out punishment.

 

Takeaway

Investigations may have serious consequences for those involved, but they don’t have to be confrontational. If you follow these tips, you can make sure your next investigation is as non-threatening as possible. That’s the best way for everyone to learn what happened and to have the opportunity to move forward in a healthy way.

 

The truth will come out

The truth always comes out eventually. If it doesn’t in the workplace investigation, it’s only because the wrong person was let off the hook due to inadequate investigation on the part of the employer, or because the person being investigated has lawyered up and is refusing to cooperate. It’s important to keep in mind that an investigation is not a trial and doesn’t have the same standard of proof. In an investigation, all you need to do is find enough evidence to support your conclusion.

Contact Jolasers if you need any help interviewing employees for an investigation. 

Informative video 

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Considerations for Conducting Workplace Investigations. Responding to a Workplace Allegation?

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Keeping a safe and productive workplace is essential for any organization. If an employee’s conduct is inconsistent with organizational values, company policies, or applicable laws, it is important to investigate the matter and take any necessary corrective action as soon as possible to limit potential risks and avoid further complications.

 

An investigation should be one of many tools organizations have at their disposal when dealing with potentially disruptive employee behavior. Whether the concern involves an employee’s performance, conduct, or competence in completing assigned tasks, an investigation provides the details necessary to determine whether corrective action is necessary and what that action should be.

 

In some cases, an investigation may not be required. For example, if there are clear and convincing facts that demonstrate a termination is warranted without needing to know why or how that came about; however, in most every other situation it is advisable to proceed with a formal review because of the numerous benefits it affords as detailed below…

 

The Importance of Conducting an Investigation

Although an investigation may seem like a simple fact-finding mission, it is actually a process that is laden with due process considerations. The employee being investigated is entitled to have an opportunity to respond to the concerns raised.

 

The investigation process itself can provide valuable insights into the situation and improve the odds that the correct decision is reached. However, an investigation is not a one-size-fits-all approach to addressing workplace issues. Determining when a formal investigation should be conducted, who should conduct it, and how it should be concluded can be challenging. In some cases, the best option may be to use a less formal process such as a discussion or a request for information (RFQ) letter.

 

Why is a workplace investigation important?

When conducting an investigation, the investigator must consider the issues from two distinct perspectives: the alleged victim and the alleged perpetrator.

The alleged victim needs to know that the issue is being taken seriously, that they have been given an opportunity to tell their story, and that the investigation will most likely result in corrective action being taken against the alleged perpetrator.

 

This is also the opportunity for the alleged perpetrator to tell his or her side of the story and rebut the allegations being made against them. To do this, investigators will typically follow a structured process that includes planning, conducting interviews, compiling a report, and making a recommendation. Although the specifics of this process vary depending on the situation, the basic approach is consistent.

 

Determining Who Conducts the Investigation?

One of the first things an employer should consider is who will conduct the investigation. If the concern is a simple performance issue, a manager may be the best choice. However, if a serious allegation has been made or the issue is clearly interrelated with other issues in the workplace, appointing a neutral third party to handle the investigation is advisable.

 

For example, if an investigation is needed to determine whether an employee’s absence is legitimate, there may be a risk that a manager who is also responsible for approving absences is perceived as having a conflict of interest.

 

In these cases, it is advisable to appoint a neutral third party, such as a member of Human Resources (HR) or a private investigations firm to handle the investigation.

 

Confirming That an Investigation Should Be Conducted

There are two questions that need to be answered.
The first question is whether the alleged action is serious enough to warrant initiating such a process. The second is whether the investigation is the best way to address the issue.

The first question may be straightforward in some cases, such as when a complaint has been filed and the allegations are clearly serious. However, there are other situations in which it is less clear when an investigation is warranted.

 

Answering this question is not always easy. In some cases, a simple discussion between the parties involved may be sufficient to resolve the issue. For example, if a manager and an employee disagree on the terms of a promotion, a simple conversation between the two parties may be able to resolve the issue.

Identifying and Defining the Problem

Once it has been confirmed that an investigation is needed, the next step is to identify and define the problem. This may seem like an obvious first step, but it is important to get the facts correct.

The information collected during this phase will form the basis for all other actions taken throughout the investigation process, so it is important to be thorough and accurate. For example, when an employee is not meeting expectations, the problem may be as simple as a lack of training or skills. On the other hand, the employee may be doing their work but in a way that is problematic for the organization.

In some cases, the problem may be due to a clash of values where one person’s ideas about what is important are not consistent with organizational values.

Having a Confident Basis for Taking Action

Most investigations are conducted with the intent of taking some sort of action. While the decision is often straightforward in terms of termination, there are other situations where managers grapple with the best course of action. Because there are more than 100 factors that may be considered in determining whether and how to take action, it can be difficult to pinpoint the right response.

To ensure that the appropriate action is taken, the investigator should consider the following questions:

Does the employee admit to the problem?

What is the employee’s knowledge about the problem?

Does the employee understand the impact of the problem?

What does the employee plan to do about the problem?

Does the employee have the ability to correct the problem?

What is the cost of allowing the problem to continue?

What is the cost of correcting the problem?

What is the organization’s tolerance for risk?

What is the organization’s tolerance for uncertainty?

What is the organization’s tolerance for change?

What is the organization’s tolerance for imperfection?

The answers to these questions can help managers make informed decisions about the appropriate action and approach to take.

 

Conducting a workplace investigation can be challenging, and in some cases, the process can stir up lots of emotions. To ensure that the process is productive and the outcome is positive, it is important to use a structured approach to guide the investigation. Doing so will help ensure that everyone involved is treated fairly and that the investigation is completed in a timely manner. And to make it easier for you to remember the key points discussed above.

 

Here are a few key takeaways.

The importance of conducting an investigation lies in its ability to identify the issue at hand and provide a confident basis for taking action.

When deciding whether an investigation is needed, it’s important to confirm that the alleged action is serious enough to warrant initiating such a process.

 

With all of the potential issues facing the modern workplace, it is important that organizations have a strategy in place for dealing with potential problems related to employee conduct and performance. The best strategy is to proactively identify issues and take any necessary steps to address them as quickly as possible.

When an organization has a solid investigatory process in place, it can use that process to address workplace issues before they escalate into bigger problems. Conducting workplace investigations is essential for any organization that wants to protect itself from costly litigation, reputational harm, and other negative consequences that can result from an employee’s problematic behavior.

Contact Jolasers via the contact form below to let us assist you with your workplace issues.
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Workplace Bullying...How To Know If Your Boss Is Really The Devil?

Workplace bullying is not a new phenomenon. In fact, it can be traced back to the 16th century, when Hieronymus- Johannes Callidorus-Meletus, a Greek ecclesiastical historian who also happened to be an Archbishop of Alexandria in Egypt, was bullied at work.

 

Workplace bullying is still as rife as it was almost 500 years ago – but only now do we understand why this behaviour has such a detrimental effect on those targeted. The problem with Meletus and his experience of being bullied at work is that the word ‘work’ in these circumstances does not refer to an activity, but rather to an identity. Meletus felt that he was being bullied because he was — above all else — a worker.

 

In the 21st-century workplace bullying comes in many forms and affects employees from all walks of life. This article explores what workplace bullying looks like and how you can recognise it if you are being targeted by your boss or co-worker.

 

What does workplace bullying look like?

When analysing the different types of bullying, it’s important to remember that bullying is a behaviour, not a person. This means that in order to identify and prevent bullying in the workplace, it’s essential to analyse the behaviour of the aggressor.

 

The following are some common forms of bullying:

 

Verbal assault: This can take the form of shouting, name-calling, or even threats or insults. This type of bullying can also include the use of sarcasm or humour.

 

Social isolation: When a person is socially isolated in the workplace, their co-workers will either ignore them or actively avoid them. Social isolation can also include having one’s colleagues refuse to engage in activities with the person who is being isolated.

 

Worsening work conditions: This can include things like increased workloads, smaller workspace, or fewer resources.

 

Physical aggression: This can comprise violent physical contact, such as hitting, shoving, or kicking.

 

Bullying in the workplace: Co-workers who are bullies

Co-workers who are bullies don’t necessarily have to be supervisors or managers. What’s important to remember is that individuals who are bullies come in all shapes, sizes, and job roles.

 

Bullying can take the form of a group of people ganging up on one person. It can also be a group of people who are constantly undermining the authority of an individual who is trying to do their job. This can include spreading malicious rumours about them or making it difficult for them to do their work.

 

Bullying in the workplace: Your boss is a bully

This is the most common scenario for workplace bullying. If you are bullied by your boss, you may notice that he or she does the following:

 

Treats you differently from other employees. You might be the only one who is given criticism, or the only one who receives harsh feedback.

 

Treats you unfairly. Your boss treats you differently from other employees in terms of either what you are responsible for doing or the time frame in which you have to complete it. Interferes with your ability to do your job. Your boss might constantly interfere with your ability to do your job, such as by conducting surprise inspections of your work.

 

Bullying in the workplace: A bully is also a co-worker and your boss.

It is not uncommon to have a bully who is both a co-worker and the person you report to. This person will have the power to make your life a living hell simply because they can, and you have no way of protecting yourself.

 

In this case, you may notice that your bully does the following:

 

Uses his/her power as a tool for abuse. Your bully might use his/her power to make your life difficult. This can include excessive criticism or refusing to listen to your input.

 

How to deal with workplace bullying.

 

If you suspect that you’re being bullied at work, there are a few things that you can do to protect yourself:

 

Document everything. Keep a record of everything that happens to you at work. This includes everything that your bullies say to you and do to you, as well as anything that your co-workers do that makes you feel uncomfortable. Keep track of the date and time when these things occur, as well as the names of the people who are responsible. This will help you to be able to provide a clear depiction of what is happening to you.

 

Seek help from your HR department. Many companies, especially large ones, have dedicated officers who are trained in dealing with workplace bullying. If you’re being bullied, you may want to consider speaking with your HR department about the situation.

 

Final Words: Takeaway

There are many different types of workplace bullying, and it can be difficult to navigate your way out of the situation if you’re being targeted by your boss or co-workers. Keep track of what is happening to you at work, and consider speaking with your HR department. Whether you’re being bullied by a supervisor or a group of employees, there are ways to get out of the situation.

Jolasers can help assist with your complex investigation.

Informative Video 

 

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The Objective of a Workplace Investigation

When a problem is reported in the workplace, it’s the job of human resources (HR) professionals to look into it and figure out what happened. They need to conduct an investigation to uncover the facts and take action if necessary. Unless you work for yourself or are part of a very small company, chances are that your HR department handles all investigations.

 

HR may bring in external investigators as needed, but their main role is handling these issues from start to finish. An investigation is a methodical process with specific goals and questions in mind. It’s not simply an interview where one party asks questions and another answers them – there’s a strategy behind every step of the process. The primary objective of any workplace investigation should be identifying the cause of an issue and determining how to prevent its recurrence in the future.

 

What to look for during an investigation

The first step of any investigation is to carefully observe the situation. This means looking at the facts of the situation, the behavior of the people involved and the environment where the incident took place. When observing the facts, it’s important to gather as much data as possible about the incident that triggered the investigation. When observing people’s behavior, try to get a sense of why they acted the way they did. This includes their feelings and intentions as well as their words and actions.

 

Interviewing witnesses and gathering evidence

The next step is to interview all witnesses involved in the situation. Investigators should interview the complainant and the person accused of wrongdoing as well as any other people who have significant information to add.

 

If it’s a criminal offense or could result in termination, employers should be careful not to put people on the spot. Instead, they should provide written documentation that explains why they’re being interviewed and how they can exercise their right to remain silent if they don’t wish to answer a particular question.

 

All interviews should be recorded either audibly or via a typed statement and each person should sign a form acknowledging that they understand their rights and have been provided with a copy of the recording. As investigators collect witness statements and evidence, they should be looking for patterns and inconsistencies. Patterns may indicate that a general problem exists in the workplace. Inconsistencies may show that a specific person was not responsible for an incident.

 

Determining the cause

Investigators should consider all factors when trying to determine the cause of an incident. They should consider the facts as well as the human factors that contributed to the situation – including the personalities, emotions and motivations of all the people involved. Investigations often consider root causes like the type of work being done, the culture of the workplace, communication issues and the quantity and quality of training and supervision.

 

Taking corrective action

After investigating the incident, the HR department may conclude that the worker who made the comments was simply joking around with his co-workers. However, the comments made the other person feel uncomfortable and offended. This is a situation where corrective action should be taken. The worker responsible for the comments could apologize to the colleague who felt offended and seek to avoid making similar comments in the future.

 

Another option would be to recommend that the co-workers take the conversation to another venue where the colleague feels less threatened. If the situation warrants it, the company could also decide to discipline the worker responsible for the comments. If a manager is involved in such an incident, HR will often recommend a more severe corrective action than would be appropriate for an employee of a lower rank.

 

Conclusion

The workplace investigation process is an important one. It helps to eliminate or minimize the effects of sexual harassment, discrimination, and other types of misconduct. And while these incidents are unfortunate, they’re also very common. In one poll, more than half of people said they’ve experienced workplace misconduct in some form. Thankfully, most investigations result in findings that help companies take steps toward solving problems and making their workplace safer and more respectful.

Jolasers offer a comprehensive workplace investigation service in Melbourne and Regional Victoria

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The Goal of a Workplace Investigation is to Better Understand The Facts and Details Around a Workplace Complaint.

When you receive a complaint, it’s natural to feel blindsided and confused. How could someone possibly think this organization is doing something wrong? Isn’t everything being handled appropriately? But then again… maybe we should investigate this complaint and see if there is any validity to what the person has told us.

It can be scary when anyone comes forward with a complaint about your workplace or your management team. It can make you feel exposed. You may fear that it will damage your reputation, and rightfully so. But as leaders, we need to trust that the best way to restore trust from our employees and colleagues is by handling these situations with grace, honesty, integrity, and transparency. A workplace investigation can help you do just that.

 

What is a workplace investigation?

A workplace investigation is a process that helps you understand a situation by collecting facts and data. The goal is to better understand the situation, identify the root cause(s), and make recommendations on how to solve the issues that were brought to the surface by the investigation.

The investigation process varies depending on the complexity of the complaint. Complaints often bring to the surface a range of emotions and feelings, which can greatly impact how employees communicate their concerns. This communication can range from a simple conversation with a manager to a formal grievance filed with human resources (HR). The investigation process also varies depending on the type of complaint, and whether or not it is legally actionable.

 

Why conduct an investigation?

Employees who feel safe raising concerns and bringing issues to light are the ones who have the most positive impact on your organization. New research on the science of complaining shows that complaining can be a powerful force for good.

It can be a catalyst for bringing about change - as long as the complaint is legitimate. It is crucial to establish a culture where people feel safe to speak up when they see something wrong or want to suggest an improvement. This is especially important when it comes to managing employee relationships, including complaints about the management team. To create a safe place for employees to voice concerns and complaints, you need to first recognize that it’s not about you. It is about the staff and their experiences.

 

Defining the scope of an investigation

When an employee contacts you with a complaint, you have to first decide if it is appropriate to investigate the issue. Complaints can range from a simple difference of opinion to potential legal violations. You need to know when it is appropriate to investigate a complaint and when it is not. For example, an employee complains that you are “too hard on employees.” This may fall into the “difference of opinion” category. What would be more appropriate to investigate would be an employee complaint that your manager is making racist comments and treating some employees differently based on their race. Some complaints are legally actionable, while others are not.

 

When to use outside help

If the complaint is serious, you need to be strategic in how you approach it and who you call on to be part of the investigation team. In these cases, you should consider bringing in an outside party to conduct an investigation, such as a private investigator, lawyer or HR consultant. Investigations involving complaints of sexual harassment, discrimination, and bullying are legally defined as “investigations” (not surveys or assessments). If the complaint is one that could result in a lawsuit, you must get help from a neutral third party, like a private investigator, lawyer or HR consultant.

When you call on an outside party for assistance, be sure to tell them about the complaint, what is needed from them, and the timeline for the investigation. You should consider bringing in outside help when the complaint is serious. It is best to have an outside party conduct the investigation so that the employees involved do not feel pressured, and feel they are being treated fairly.

 

When to bring in the big guns: Legal Counsel

There are some situations where you should definitely bring in the big guns and get legal counsel to help you with the investigation. This is when the complaint could lead to a lawsuit. Legal counsel will conduct the investigation, collect evidence, and give you recommendations on the next steps. In some cases, legal counsel may take over the entire investigation, including interviewing witnesses and collecting evidence.

 

Conclusion

The most important thing to remember when a complaint is brought to your attention is to stay calm and collected. You don’t want the person to feel like you are attacking them.

When you receive a complaint, make sure you have an action plan for how to respond. Develop an investigation plan that is appropriate for the complaint. Make sure the person bringing the complaint is aware of what actions you will be taking and when. Stay as transparent as possible and make sure you are gathering all the facts before you make any knee-jerk decisions about the complaint or its source. Investigate the complaint with care, compassion, and a desire to create positive change.

Jolasers have a long history of conducting complex workplace investigations in Melbourne and Regional Victoria. 

Informative Workplace investigation in Melbourne video.

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What To Do If An Employee Alleges Workplace Misconduct.

In today’s business world, companies are under increasing scrutiny from regulators and third parties. Decreased trust in businesses is a factor in why consumers are becoming more conscious of company ethics.

 

Working ethically and effectively is challenging for businesses that are operating at capacity and trying to maintain high standards of integrity. In any workplace, issues may arise where an employee feels something unethical has taken place or that an employee has engaged in misconduct that threatens the reputation of the business or puts other employees at risk.

 

If an employee makes a claim you believe to be unfounded, there could be significant consequences if your response is not appropriate under the circumstances. It’s important to know what to do if an employee alleges workplace misconduct so as not to create legal liability for your company.

 

Step One: Take note of the details

When an employee first comes to you with a complaint, it’s important to be empathetic and hear the employee out. Take note of the circumstances and ask for details about the employee’s version of events.

 

If an employee has filed a formal complaint with human resources, it’s best to wait for the results of an investigation before taking action. This allows you to respond to what actually occurred and allows you to take appropriate action based on the facts. If a complaint or allegation comes from one employee to another, it’s important to have a conversation in private. A conversation in public can create an unhealthy work environment, especially if the allegations are of a sensitive nature. If the complaint is about you or another executive, having a conversation with a third party present can help to avoid any misunderstandings.

 

Step Two: Consult a lawyer

If the allegations made by an employee are serious, it’s best to consult a lawyer even before you engage with the employee. This will allow you to understand how to respond to the allegation and whether or not it’s necessary to take action against the employee bringing the complaint. While you don’t want to obstruct the investigation process with an over-defensive approach, you also don’t want to be blindsided by accusations that are not accurate.

 

If the allegation is initiated by an employee but is general in nature, you may not need to consult a lawyer. However, if the complaint involves a specific employee or is of a sensitive nature, it’s best to have a professional help you navigate the conversation.

 

Step Three: Evaluate the allegation

If an employee has made a complaint, it’s important to take time to understand the allegation and consider the ramifications of the situation. You don’t want to respond to the situation in a way that makes the situation worse, but you also don’t want to allow the situation to fester.

Take time to understand why the employee feels the way they do and consider their perspective. That said, you also need to be able to respond appropriately to the specific allegation.

 

Communicate the company’s policies and the expectation that employees are responsible for upholding those policies. If the complaint is against you, you may want to consider bringing in an outside investigator to investigate the complaint. Ultimately, you want to demonstrate that you are willing to investigate the complaint thoroughly and impartially.

 

Step Four: Hold a meeting to address employee concerns

If the complaint is general in nature and doesn’t involve a specific incident, you may want to invite the employee to a meeting to discuss their concerns in a neutral environment. This can give you the opportunity to respond to the employee’s concerns and it can help to diffuse the situation. It can also be useful if the employee has multiple concerns about a variety of policies, procedures, or practices in the workplace.

 

Holding a meeting can help you to identify the issues causing the employee concern so you can work to correct them. If the complaint is tied to a specific incident, you may want to consider holding a meeting with the involved parties. This can give the employee bringing the complaint an opportunity to explain their concerns and it can give you the opportunity to respond.

 

Step Five: Take disciplinary action if warranted

If an investigation concludes that the employee’s complaint has merit, it’s important to take appropriate disciplinary action. This can vary depending on the nature of the complaint. If the complaint has to do with work performance, you may want to consider a written warning against the employee.

 

If the complaint is about a violation of the company’s policies or code of conduct, you may want to consider a written or verbal warning. If the complaint is about a violation of company policy or code of conduct, you may have to make a decision about termination. Be careful in this situation as an employee can bring a wrongful termination lawsuit against the company, particularly if they believe they were terminated because they brought a complaint.

 

Conclusion

When an employee comes to you with a complaint or allegation, it’s important to respond appropriately and not overreact. Take note of the details of the complaint, evaluate the allegation, and respond based on the facts.

 

If the complaint is legitimate, take disciplinary action against the employee who is the subject of the complaint and consider making adjustments to company policy or code of conduct to prevent similar situations in the future.

 

If the complaint is unfounded, you may want to consider bringing the complaint to the attention of the third party who made the request for information. In any situation, it’s important to respond appropriately and not create liability for the company.

Contact Jolasers to discuss any workplace misconduct issues.

A video detailing workplace misconduct.

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How To Tackle Gaslighting Grievances In The Workplace.

Gaslighting is a form of emotional manipulation in which someone tries to make another person question their own reality. It often occurs in abusive relationships and can be difficult to identify.

 

Unfortunately, gaslighting can also take place at work, as some colleagues may attempt to manipulate others for their own ends. Despite the sinister connotations, gaslighting has little to do with lighting or fire — it’s actually a word originally from acting that refers to when someone is trying to trick you by convincing you that something that isn’t so, is so; or vice versa. In this article, we explore what gaslighting at work means, how it can happen and what you should do if you suspect a colleague is attempting to gaslight you.

 

What is Gaslighting in the Workplace?

Gaslighting in its most extreme form can be difficult to identify, as the manipulator will try to convince the victim that their own feelings are incorrect. This can lead to the victim questioning their own sanity and becoming increasingly isolated.

 

Gaslighting doesn’t always happen in the workplace, but it can. If a colleague is trying to manipulate you, it can make you feel stressed, anxious, and even paranoid. If you think a colleague is trying to gaslight you, you should try and identify the signs. By knowing what to look out for, you’ll be able to put a stop to the manipulation and regain your confidence.

 

There may be times when you aren’t sure whether you’re being treated fairly at work. You may also be in a situation where you feel as if you’re being given the wrong end of the stick.

 

How to spot gaslighting in the workplace

Unwarranted criticism - If a colleague’s criticism of you doesn’t seem justified, it could be an attempt to undermine you. If you can’t see any flaws in your work, the criticism could be unfair or even be a form of gaslighting.

Denying your achievements - Some colleagues may try to invalidate a promotion or praise that you’ve received, as a way of bringing you down a peg or two. This is another example of gaslighting.

Unreasonable requests - A manager who gives you unreasonable instructions or expects you to take on too much could be trying to make you feel stressed, or even trigger you into leaving the company.

Presumptuous remarks - Some colleagues may seize on an innocent comment and take it too far. For instance, if you say you’re going to the gym, a colleague may say, “I hope you’re going to lift some heavy weights.” This could be a way to subtly mock you.

Excessive criticism - Criticism is part of the workplace and can often be constructive. However, if a colleague is constantly criticizing you for no apparent reason, or making you feel as if you’re under a microscope, it could be an attempt to intimidate you.

 

What to do if you’re being gaslighted at work

If you’re being gaslighted in the office, you may feel as if you’re going crazy. You’ll likely feel confused and anxious and may start to feel as if you’re struggling to cope. You may try to seek solace in colleagues, but they may not understand what you’re going through, as they’ve probably not been gaslighted themselves.

 

If you suspect you’re being gaslighted, you should try and set some boundaries with your colleague. This may involve having an honest discussion and explaining that you’re finding their behavior distressing. Be careful not to confront someone who is clearly trying to provoke you and turn the situation into a shouting match.

 

If you can’t confront your colleague directly, you may want to consider involving your manager. If you don’t feel comfortable doing this, you could ask a trusted colleague to talk to your manager on your behalf. However, be careful not to make accusations, as you may be treated as if you’re gaslighting your colleague.

 

Confronting a gaslighter in the workplace

As previously mentioned, confronting a colleague who is gaslighting you can be difficult. You’ll first want to make sure you have your facts straight, as you don’t want to make a false accusation or be wrongly accused of gaslighting.

 

You’ll also want to be careful not to react in a way that could lead to a shouting match. When you confront someone who is gaslighting you, it’s important to remain calm and not lose your temper. State your case calmly, but confidently. If you’re accused of gaslighting, you can defend yourself by explaining that you haven’t done anything wrong.

 

Resolving a gaslighting grievance through dialogue

If you’ve been targeted by a colleague who is gaslighting you, it’s important to try and resolve the situation as quickly as possible. It may not be possible to stop the person from bullying you, but you may be able to minimize the effects.

 

Try not to take the person’s behavior personally. Keep a record of events, and report any incidents to your manager as soon as possible. You may also want to consider making a complaint to your company’s HR department. Keep an open mind, and try to avoid getting drawn into the other person’s drama. Some colleagues may gaslight others because they’re feeling insecure about themselves. You might find that the bullying eases off if you treat the person with respect.

Contact Jolasers if you have a gaslighting issue in the workplace.

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When is it good to have an independent investigation into workplace conduct?

When an employee files a harassment claim or other type of grievance against you as an employer, the last thing you want is for that employee to feel like their story won’t be heard. That’s why many employers choose to contract with third-party investigator firms during the investigation process.

 

These independent investigators help gain the trust of the complainant while also helping to objectively uncover the truth in your organization. When used effectively, an independent investigation can not only serve to protect your business from damage but also strengthen it long-term.

 

If you’re currently facing any workplace conflicts that could lead to a grievance or lawsuit, read on for more information about when it's good to have an independent investigation into workplace conduct.

 

What is an independent investigator?

An independent investigator is a third party who is contracted by your organization to conduct a workplace investigation. Typically, this person will usually be a lawyer or private investigator who is not employed by the organization itself.

 

This type of investigator is useful when there are conflicting accounts between parties in a dispute, or when your company would like to conduct a more thorough investigation than would be appropriate for in-house HR. Depending on the length of the investigation and the type of situation, costs can range from a few hundred to as many as $1,000 per day.

 

Why is an independent investigation important?

An independent investigation gives a complainant more confidence that their story will be heard and handled appropriately. In some cases, the independent investigator may be the only person who speaks to all parties involved in the investigation. This can help ensure that the investigation is conducted in a fair, unbiased way, without the potential for partiality on the part of the employer.

 

Depending on the nature of the investigation, it can also provide an opportunity to make amends with employees who feel wronged by the organization. Employers can use the investigation process to make a sincere effort to right the wrong and show that they’re taking the complaint seriously. This is particularly important when an investigation centres on sexual harassment complaints.

 

Employees who feel the organization hasn’t taken their grievance seriously may be more likely to choose legal action over an informal complaint process. An independent investigation can help alleviate these concerns by making it clear that the organization is willing to take the necessary steps to make things right.

 

When you shouldn’t have an independent investigation

There may be rare occasions when an investigation is not warranted. For example, if an employee files a complaint that is trivial or frivolous, an investigation may be a waste of time and resources for both parties. Similarly, if an employee’s complaint is more serious but doesn’t include a specific accusation against a specific person, an investigation may be equally unhelpful.

 

In these cases, an investigation may be a good option for gathering more information, but it’s important to recognize that an investigation cannot solve the problem if there are no specific individuals or actions to investigate.

 

How to choose the right investigator?

When choosing an investigator, you should always be sure to select someone who is independent. Ideally, this person should also have a proven track record of conducting fair and thorough investigations.

 

It’s also important to consider the investigator’s availability and cost. Depending on the type of investigation, the investigator may need to travel between multiple offices or interview multiple employees. This can add up quickly, so it’s important to choose an investigator who can meet your needs while remaining within budget.

 

It’s also important to consider the investigator’s level of discretion when conducting the investigation. This can help ensure that the investigation is conducted as privately as possible, minimising the chances of word getting out prematurely.

 

Summary

While workplace investigations can be stressful for all parties involved, having an independent investigation can help ensure that all concerns are taken seriously. It’s important to remember, however, that an investigation is not a substitute for appropriate workplace policies and procedures. If you have any concerns about the effectiveness of your company’s sexual harassment policies, now is the time to address them.

Jolasers have vast experience conducting workplace investigations including sexual harassment investigations.

Sexual harassment

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