Workplace Investigations Mildura

Jolasers is an independent Private Investigations company which has been operating for in excess of 16 year who strive to provide professional workplace investigations.

 

We undertake all types of investigations, from minor workplace disputes to complex sexual harassment investigations and everything in between. We are based in Bendigo but have undertaken many investigations in Mildura.

 

We listen carefully to all sides, and as an independent company we know it is much easier to remain impartial whilst determining the facts of the allegations that have led to the investigation.

 

Once all enquiries are conducted and evidence gathered, we provide a comprehensive report detailing our findings which will enable your company to have the confidence to take the appropriate action.

 

Our services are cost-effective and easy to access. We understand that workplace disputes can negatively impact your business and productivity, which is why we make every effort to resolve the issue as quickly as possible. 

 

We will work with you to develop a plan that is best suited to your needs and will deliver the best possible outcome.

 

 

Call 0418 101 164 to discuss your Mildura workplace investigation requirements.

 

Click Here To Contact Us

Mildura Workplace Investigations

We will provide you with an upfront quotation to undertake a professional workplace bullying investigation. Click on button below to get a quotation for your workplace investigation.

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About Jolasers Workplace  Investigations

Jolasers Workplace Investigations  are THE Experts in All Things Related to Mildura work place investigations. Do yourself a favor and get in touch with us right now.

 

 

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The benefits of an external workplace investigation following an employee complaint.

People don’t like to think of their place of work as a ‘hotbed of harassment and discrimination,’ but unfortunately, that’s not always the case.

 

Even with best-practice HR policies in place, some employees may still be subject to unfair treatment based on their gender, race or other protected class. And while it can be difficult to hear such accusations against your company, it is important that you take them seriously.

 

Whether you have internal HR staff members or an external third-party agency supporting you, it’s always advisable to conduct an outside workplace investigation should any employee complain about unfair treatment.

 

There are many different types of workplace investigations; some involve interviewing current employees and past employees who left the company within the past year; others involve conducting focus group interviews with random employees from all departments within the organization, and still others involve bringing in a third party investigator for a neutral perspective.

 

There are pros and cons for each type of investigation, so read on to learn more about the different ways you can support your organization through an external workplace investigation following an employee complaint.

 

 

What’s the benefit of an external workplace investigation?

Employment discrimination and harassment are very serious allegations, so if you’re not sure how best to investigate a complaint, it may be best to bring in an external investigator to do the legwork.

 

There are a few reasons why an external investigation might be the best choice, including:

 

• The company culture: If there has been a complaint made against the company, it may be that the company’s culture is part of the problem. In this case, bringing in an external investigator may help to reveal the issue, allowing the company to take appropriate action. By hiring an external investigator, you can remove the employees’ sense of “us versus them” and allow the investigator to gather data without bias, providing an unbiased and accurate report.

 

• Impending litigation: If you find that there is merit to the complaint, you may be able to resolve it quickly with a settlement. However, if you do not follow proper procedures and the complaint is made public, the company could be subject to a lawsuit.
•  
• The company’s response to the complaint: If you are receiving more than one complaint, it is important that you act quickly and appropriately to address the situation. If you do not, you may find that you have a disgruntled employee population on your hands, which can lead to decreased productivity, increased turnover and decreased profits.

 

Performing a workplace investigation after an employee complaint

There are a few ways in which an investigation will be conducted, but in general, the investigator will typically follow these steps:

• The investigator will conduct interviews with all relevant parties, including the employee who made the complaint and other employees who may have information about the situation and its surrounding circumstances.

 

• The investigator will then review company policies, interview managers and other employees, and gather any supporting documentation or evidence that could be relevant to the situation.

 

• The investigator will then prepare a report of findings, which will include recommendations for resolving the complaint.

 

The benefits of an investigation in general

An investigation can provide answers to questions that have lingered within your organization for far too long. When employees feel that they have been treated unfairly or as though their concerns are being ignored, they can become increasingly disengaged, leading to increased turnover and reduced productivity.

 

A workplace investigation can help to identify the source of the problem, allowing you to take the necessary steps to resolve the issue and restore engagement within your company.

 

It can help to identify the root cause of the issue: If more than one employee has reported experiencing unfair treatment, there is a good chance that there is a systemic problem within your company. An investigation can help to identify the root cause of the issue, allowing you to take appropriate action to resolve it and prevent it from happening again in the future.

 

It can help to build trust among employees and within the organization: If there is a lack of trust among employees and within the organization, it can have a negative impact on productivity, engagement, reputation and overall success.

 

An investigation can help to restore trust within the company and demonstrate that you are taking the complaint seriously.

 

Why you might choose to hire a third-party investigator instead of doing your own internal investigation?

A third-party investigator has no vested interest in the outcome of the investigation and is therefore far less likely to be influenced by personal bias or pressure applied by anyone within the organization.

 

A third-party investigator may bring different skills and experiences to the table that could be beneficial to the investigation and could allow them to uncover information that your internal team may miss.

 

You want to remain objective. If you have done your own internal investigation and you do not want to suggest that there is a problem within the company, it may be best to hire a third-party investigator instead. You don't want your investigation to be an “us versus them” situation and may want to conduct the investigation as a neutral third party.

 

You want to bring an outside perspective: Bringing in an outside investigator may allow them to see the situation from a different perspective and uncover information that you may have missed.

 

When should you request an internal HR investigation?

If the complaint is regarding a specific employee, you may want to request an internal HR investigation to determine if that employee’s actions have broken company policy or violated the company code of conduct.

 

An internal investigation generally focuses on whether the company’s policies were followed, as opposed to whether or not the alleged actions were actually true.

 

You want to determine if the employee’s actions breached company policies: If there are specific complaints but no indication that the employee acted with malicious intent, you may want to conduct an investigation to determine whether the employee’s actions were in keeping with company policy, including things like work hours, dress code, etc.

 

You want to determine if the employee has any training needs: If there are complaints that indicate that the employee’s actions violated company policies, but the employee did not do so with malicious intent, it may be that the employee simply needs additional training or coaching.

 

When should you request a third-party investigator?

If the complaint does not fall within the scope of HR and is not about any specific employee, it may be best to hire a third-party investigator to conduct the investigation. This is particularly true if the complaint is very serious in nature and could potentially have significant company-wide implications.

 

The complaint is very serious: If the complaint is very serious, it can help to distance yourself from the situation, particularly if you are unsure of how to proceed once the complaint has been made public.

 

While HR may be equipped to handle minor complaints, serious complaints that involve discrimination and harassment could lead to legal action. In this case, it can be helpful to conduct an outside investigation that allows you to stay above the fray.

 

The complaint is company-wide in nature: If the complaint is company-wide, it can be helpful to bring in an outside investigator who can conduct the investigation without bias and without being influenced by any existing employee relationships.

 

Conclusion

You never know when an employee will make a complaint about their experience at work, or what that complaint might be about. However, it’s important to remember that an investigation into that complaint can provide valuable insight into your organization as a whole.

 

Whether you choose to use an internal HR person, or a third-party investigator to conduct an investigation, it’s important to remember that the investigator is there to find answers and is not there to make judgments. An investigation is simply a fact-finding mission that can help to provide clarity and closure.

 

Contact Jolasers

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Workplace Investigations FAQ‍

What is a workplace investigation?

An investigation is when you hire a team to look into an allegation raised against your business. The goal is to find out what happened, which can be helpful for HR, for the company’s insurance, and for the people involved.

 

Investigations can be any misconduct claim, including sexual harassment, discrimination, fraud, theft, and more. Sometimes, HR departments aren’t equipped to handle sensitive matters on their own, so they hire outside investigators as a third party who can help collect and analyze evidence.

 

 

Why do workplace investigations happen?

Investigations are usually triggered by two types of events — a complaint or an audit.

Complaints are raised by employees about their work experience, often about fellow employees. Investigators often become involved when a complaint is made, or when a company is audited.

 

Who runs the investigation?

There are different types of workplace investigations, and each comes with its own set of pros and cons.

Internal investigations - These are conducted in-house by HR or a business owner, who often have limited experience with investigating crimes. They’re usually more concerned with protecting the company’s reputation than gathering facts, so they may miss significant information that could help resolve the situation.

Third-party investigations - An outside agency handles the investigation, which could be particularly useful if your company has a lot of sensitive data that needs to be kept secure.

Law enforcement investigations - This is triggered by an arrest, charge, or other legal event. While the police can help with certain situations, they might not be able to investigate certain issues like discrimination claims.

Where do workplace investigations happen?

Investigators may conduct their interviews with both employees and employers at any location that’s convenient for both sides. The key is to make sure the location is private and confidential — that way, people can be honest without worrying that their words will be shared with other people or groups.

Some investigations will require the use of a private investigator’s office. Private investigators have experience with conducting interviews in an office environment, can maintain privacy and confidentiality, and are often better equipped to handle interview situations that may become volatile.

 

How long do Workplace Investigations take?

Investigations can take as little as a week or as long as several months, depending on the complexity of the issues involved.

 

Can we stop and restart an investigation after it’s been running for a while?

Yes. It’s not uncommon for an investigation to stall out or go off track, particularly if it’s an internal investigation. Sometimes, the parties involved stop cooperating with the process, or they may have trouble reaching a mutually satisfactory conclusion. But if you decide you need to restart the investigation, there are a couple of things to keep in mind.

You may need to write a new contract and pay for a new investigation
— So make sure you’re clear about what you want to investigate and what the parties are promising to deliver before you start. You may want to rebrand the investigation
— the retooled investigation can help you get back on track to a more successful conclusion.

 

What can we do to make workplace investigations easier?

There are a few steps you can take to make workplace investigations go as smoothly as possible for everyone involved.

Practice good record keeping — This can help you identify trends and improve your policies, helping to prevent future problems from arising.
Investigate each complaint thoroughly — Even if the complaint doesn’t turn out to be valid, you should learn from it.
Don’t ignore complaints — Even if they seem frivolous, they could be signposts to bigger issues.
Investigate fraud or theft promptly — These types of investigations need to be handled as urgently as possible.

If you hire an investigator, make sure you know what the investigator’s role is, and make sure the investigator understands that they are working for you.

 

What should we do if an employee files a complaint against us?

Sometimes, an investigation is initiated by an employee. If an employee files a complaint against your business, try to be as helpful as possible.

If you’re able to resolve the situation quickly, you might be able to end the investigation before it goes any further.

 

If you’re unable to resolve the situation quickly, try to get in touch with the employee’s representative as soon as possible. This helps you understand the employee’s concerns and gives you time to gather evidence that helps your side of the story.

 

What should we do if an employee files a complaint against another employee?

This is an investigation that you’ll need to run, perhaps with the help of HR.

 

If you receive a complaint about another employee, you first need to decide if the complaint is something you can handle. If it’s minor or internal company policy related, you may be able to handle it. If it’s serious or outside your ability to handle it, you need to escalate it so a different team can handle it, such as HR or the legal team.

 

Once you’ve decided what to do with the complaint, make sure you follow the appropriate process, whether it be in-house or through HR or engaging a professional investigation company.

 

Provide us a few details below and we will contact you as soon as possible

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Telephone: 0418 101 164 (Stephen Oliver)
Email: stephen.oliver@jolasers.com.au

 

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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 Investigations Bendigo

Jolasers is an independent Private Investigations company based in Bendigo which has been operating for in excess of 16 year who strive to provide professional workplace investigations.

 

We undertake all types of investigations, from minor workplace disputes to complex sexual harassment investigations and everything in between.

 

We listen carefully to all sides, and as an independent company we know it is much easier to remain impartial whilst determining the facts of the allegations that have led to the investigation.

 

Once all enquiries are conducted and evidence gathered, we provide a comprehensive report detailing our findings which will enable your company to have the confidence to take the appropriate action.

 

Our services are cost-effective and easy to access. We understand that workplace disputes can negatively impact your business and productivity, which is why we make every effort to resolve the issue as quickly as possible. 

 

We will work with you to develop a plan that is best suited to your needs and will deliver the best possible outcome.

 

 

Call 0418 101 164 to discuss your Bendigo workplace investigation requirements.

 

Click Here To Contact Us

Bendigo Workplace Investigations

We will provide you with an upfront quotation to undertake a professional workplace bullying investigation. Click on button below to get a quotation for your workplace investigation.

Click Here For A Quotation

Seeking Prompt Attention

Click the button below to contact us for prompt attention

Contact Us

We are Waiting to Help With Your Workplace Investigation in Bendigo

We have many years experience investigating workplace issues in Bendigo.

Get In Touch

About Jolasers Workplace  Investigations

Jolasers Workplace Investigations  are THE Experts in All Things Related to Bendigo workplace investigations. Do yourself a favor and get in touch with us right now.

We are based in Bendigo and can offer prompt local service that is backed by 16+ years of experience.

 

Click here for an informative and relevant video

How to Deal with a Workplace Investigations

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A workplace investigation involves a detailed review of an employee’s conduct or performance at work. It is often initiated by the employer when they suspect an employee of misconduct.

 

Workplace investigations can be scary and challenging, but you don’t need to stress. There are strategies you can use to manage the process and protect your interests.

The scope of a workplace investigation may vary depending on the nature of your role or organisation, but it will almost always involve some form of verbal or document interview with HR representatives, colleagues, managers, or third-party investigators.

 

This article covers how a workplace investigation works, what kind of issues they usually involve, how to prepare for one and what to do if you receive notification that you’re being investigated at work.

 

What Is a Bendigo Workplace Investigation?

A workplace investigation is a review conducted by HR, management or a dedicated Investigations company to understand an employee’s conduct or behaviour at work.

 

The workplace investigation may be initiated for a number of reasons, including:

- A complaint from a colleague, client, or customer.

- A serious accident or injury that may have been caused by an employee’s negligence.
- An allegation of sexual harassment or discrimination.
- Suspicion of fraud or theft of company assets.
- A major violation of company policies.
- An incident that may result in disciplinary action against an employee.
- Concerns about an employee’s ability to perform their role which may require reassignment due to health or safety reasons.

 

Reasons for a workplace investigations

Workplace investigations are not punishments, but an ordinary part of business. They are a way for organisations to resolve complaints and achieve a fair outcome.

When workplace investigations are conducted correctly, they can improve morale and trust in leadership, as well as protect employees from discrimination and other forms of misconduct.

 

There are a number of reasons why your employer may choose to open an investigation. It could be due to the nature of your work, a serious accident, or a written complaint. It may also be a result of company policy violations, fraud allegations, or a misunderstanding between you and a colleague or manager.

 

An employer will conduct an investigation if they suspect that an employee has done something wrong, even if the employee doesn’t think they have done anything wrong. They will be trying to find out what actually happened. It’s important to know that an employer should not assume that an employee is guilty just because they are conducting an investigation.

 

What happens during a workplace investigation?

In general, investigative processes is meant to be fair and balanced, but the particular process and outcome of each investigation can vary from organisation to organisation.

 

During the investigation, an employee will likely be asked to provide pertinent documents and be interviewed by the person conducting the investigation. This may occur in person or remotely through video conferencing.

 

Employee Rights During an Investigation

There are a few basic rights that employees should be aware of during the investigative process. An investigation doesn’t always result in disciplinary action. It can be used to gather information and clarify events that were previously misunderstood.

 

An employee has the right to know why they are being investigated.
- They have the right to know what rule they broke or what part of their job they are being investigated for.
- An employee also has the right to representation.
- They have the right to receive a fair investigation.
-An employee has the right to not participate in the investigation but that is usually a poor decision as the investigator will interview all parties and therefore if you refuse   to participate in the investigation, you lose the opportunity to present your version of events.

  

Strategies for Employees to manage the process

There are certain strategies and best practices that you can use to help you manage the investigative process and protect your interests.

Stay Calm. If you’ve received a notification about an investigation, it’s normal to be anxious. You should take some time to compose yourself and gather your thoughts before you respond to a request for information.

 

 

Understand the investigation process. Depending on the nature of the investigation, you may have to provide documentation, access to your computer, or interview with HR representatives, managers, or third-party investigators. Be prepared for a long process if you have a lot of information to gather for your employer.

 

Gather all information required by your employer. This includes providing copies of written communications, digital records, and supporting documentation to help clarify the events in question.

 

 

Plan your response. 

 

Rushing to respond to an investigation notification may result in a mistake. It’s recommended to take some time to construct a thoughtful and thorough response.

 

 

Get help if you need it. If you feel that you don’t have the skills to handle the investigation on your own, get some help.

 

Keep an open mind. You don’t know what events led up to the investigation, so you don’t know what details may be missing from your perspective.

 

Be respectful. If you receive a letter or email from your employer regarding an investigation, be respectful and respond accordingly.

 

 

Stay positive. You are likely under a lot of stress, but try to stay positive and focused on the outcome that you want.

 

 

Don’t jump to conclusions. It’s easy to assume that you know what led up to the investigation, but you don’t. Keep an open mind and let the investigation play out.

 

Don’t self-impose disciplinary action. During an investigation, it’s normal to be frustrated and feel that you want to jump in and fix what you think is wrong. Resist the urge to impose disciplinary action on yourself. Let the process play out and let your employer make the final decision.

 

 

Wrap-up

An investigation usually happens when someone has reported a problem. It could be a colleague, customer, or manager.

 

Employees are not required to participate in an investigation if they don’t feel comfortable doing so. However, it is generally a good idea to participate to provide your version of events.

 

 

An employee has the right to remain silent and decline to answer any questions.. Even if you are not the one being investigated, an investigation can be stressful and scary. Stay calm, take care of yourself, and follow these tips to help manage the process and protect your interests.

 

 

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Workplace Investigations FAQ‍

What is a workplace investigation?

An investigation is when you hire a team to look into an allegation raised against your business. The goal is to find out what happened, which can be helpful for HR, for the company’s insurance, and for the people involved.

 

Investigations can be any misconduct claim, including sexual harassment, discrimination, fraud, theft, and more. Sometimes, HR departments aren’t equipped to handle sensitive matters on their own, so they hire outside investigators as a third party who can help collect and analyze evidence.

 

 

Why do workplace investigations happen?

Investigations are usually triggered by two types of events — a complaint or an audit.

Complaints are raised by employees about their work experience, often about fellow employees. Investigators often become involved when a complaint is made, or when a company is audited.

 

Who runs the investigation?

There are different types of workplace investigations, and each comes with its own set of pros and cons.

Internal investigations - These are conducted in-house by HR or a business owner, who often have limited experience with investigating crimes. They’re usually more concerned with protecting the company’s reputation than gathering facts, so they may miss significant information that could help resolve the situation.

Third-party investigations - An outside agency handles the investigation, which could be particularly useful if your company has a lot of sensitive data that needs to be kept secure.

Law enforcement investigations - This is triggered by an arrest, charge, or other legal event. While the police can help with certain situations, they might not be able to investigate certain issues like discrimination claims.

Where do workplace investigations happen?

Investigators may conduct their interviews with both employees and employers at any location that’s convenient for both sides. The key is to make sure the location is private and confidential — that way, people can be honest without worrying that their words will be shared with other people or groups.

Some investigations will require the use of a private investigator’s office. Private investigators have experience with conducting interviews in an office environment, can maintain privacy and confidentiality, and are often better equipped to handle interview situations that may become volatile.

 

How long do Workplace Investigations take?

Investigations can take as little as a week or as long as several months, depending on the complexity of the issues involved.

 

Can we stop and restart an investigation after it’s been running for a while?

Yes. It’s not uncommon for an investigation to stall out or go off track, particularly if it’s an internal investigation. Sometimes, the parties involved stop cooperating with the process, or they may have trouble reaching a mutually satisfactory conclusion. But if you decide you need to restart the investigation, there are a couple of things to keep in mind.

You may need to write a new contract and pay for a new investigation
— So make sure you’re clear about what you want to investigate and what the parties are promising to deliver before you start. You may want to rebrand the investigation
— the retooled investigation can help you get back on track to a more successful conclusion.

 

What can we do to make workplace investigations easier?

There are a few steps you can take to make workplace investigations go as smoothly as possible for everyone involved.

Practice good record keeping — This can help you identify trends and improve your policies, helping to prevent future problems from arising.
Investigate each complaint thoroughly — Even if the complaint doesn’t turn out to be valid, you should learn from it.
Don’t ignore complaints — Even if they seem frivolous, they could be signposts to bigger issues.
Investigate fraud or theft promptly — These types of investigations need to be handled as urgently as possible.

If you hire an investigator, make sure you know what the investigator’s role is, and make sure the investigator understands that they are working for you.

 

What should we do if an employee files a complaint against us?

Sometimes, an investigation is initiated by an employee. If an employee files a complaint against your business, try to be as helpful as possible.

If you’re able to resolve the situation quickly, you might be able to end the investigation before it goes any further.

 

If you’re unable to resolve the situation quickly, try to get in touch with the employee’s representative as soon as possible. This helps you understand the employee’s concerns and gives you time to gather evidence that helps your side of the story.

 

What should we do if an employee files a complaint against another employee?

This is an investigation that you’ll need to run, perhaps with the help of HR.

 

If you receive a complaint about another employee, you first need to decide if the complaint is something you can handle. If it’s minor or internal company policy related, you may be able to handle it. If it’s serious or outside your ability to handle it, you need to escalate it so a different team can handle it, such as HR or the legal team.

 

Once you’ve decided what to do with the complaint, make sure you follow the appropriate process, whether it be in-house or through HR or engaging a professional investigation company.

 

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Telephone: 0418 101 164 (Stephen Oliver)
Email: stephen.oliver@jolasers.com.au

 

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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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How to Spot and Combat Bullying in the Workplace

The workplace is not always a neutral and safe space. Instead, it can be a hostile environment for employees. According to the Workplace Bullying Institute, about 15% of people have experienced bullying in the workplace. If you think that this statistic is too low, you’re probably right. Firstly because there are many people who are afraid to come forward and admit they have been bullied at work, but also because there are many cases of bullying going unreported every year.

 

This is why it’s important that we understand what constitutes workplace bullying, how to spot it and most importantly how to combat it before it has a detrimental effect on your career or mental health.

 

What is workplace bullying?

Workplace bullying is the repeated and deliberate abuse of power by one or more employees over another(s). It is a form of harassment which can lead to very serious consequences for both the target(s) of the bullying and the business itself. Although the most common targets of workplace bullying are those in low-ranking or high-risk jobs such as secretaries or shift workers, any employee can be a victim.

 

Bullying can consist of any one or a combination of the following: verbal abuse, public humiliation, improper disciplinary action, false accusations of poor performance, sabotage of projects, withholding of deserved promotions and/or pay raises, and a general feeling of being treated unfairly.

 

How to spot bullying in the workplace?

Is someone at work making your life difficult? Are you getting a bad vibe from a colleague? Have you been given an inappropriate assignment? If you answered yes to any of these questions, then you may be the target of workplace bullying. There are many ways to identify bullying in the workplace.

Here are some of them:

 

Be mindful of the types of bullying you may be experiencing. If you find that you’re experiencing more than one type of bullying, you’re definitely being bullied.

 

Keep a record of all the incidents of bullying that happen to you. This will help you build a case against your bullies.

 

Get feedback from others about what’s going on in your department. It’s possible that your bullies are targeting other people as well.

 

3 common types of workplace bullying

Verbal abuse - Verbal bullying can be very difficult to prove since it’s a mostly un-written form of abuse. That said, verbal abuse can be very damaging and make it difficult for you to do your job effectively. Verbal abuse can manifest in many ways including: shouting, insults, threats, withholding information, and forcing you to do things against your will.

 

Public humiliation - Most people can stand being shouted at or insulted privately, but very few can take public humiliation. Public humiliation can take many forms including: making an example of you in front of your co-workers, deliberately keeping you in the dark about upcoming events, or purposefully embarrassing you in front of your co-workers.

 

Improper disciplinary action - Disciplinary action must be timely and consistent to be effective. If your workplace engages in the practice of throwing people under the bus, then you’re almost certainly being bullied.

 

How to combat workplace bullying from the victim’s perspective

Document every incident of bullying that happens to you. Keep a journal where you record the date, time, and details of each incident as they occur. This will provide you with evidence if you need to take legal action against your bullies.

 

Talk to your supervisor or someone in HR about your situation. If you’re serious about stopping your bullies, you must tell your supervisor.

Seek therapy or counselling. The best way to combat workplace bullying is to take care of yourself. Therapy and counselling can help you to process all that you’ve been through and get your mental health back on track.

 

2 ways to combat bullying from a bystander’s point of view

Speak to the victim and let them know that you’re there for them. They need someone who’s not involved to take their side.

 

Speak to the victim’s bullies. The best way to combat workplace bullying is to let the aggressors know that you’re aware of what they’re doing. Report the incidents of bullying to your supervisor or someone in HR. Let them know what’s going on so that they can step in and put a stop to it.

 

Conclusion

Ultimately, the best way to avoid being bullied at work is to be a good person. Be kind to others, be a hard worker, and strive to do the best job you can. If you encounter bullying, do your best to report it and let your aggressors know that their bullying is not acceptable.

If you’re a bystander to someone being bullied, speak up and let your aggressors know that their behaviour is not acceptable. Together, we can make the workplace a safer and more respectful place to be.

For help with a Workplace bullying investigation contact visit this page.

Interesting article

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