Uncovering the Process of Navigating Investigations in the Workplace.

Investigations in the workplace are an important part of ensuring a safe and healthy working environment. As an employer, it is your responsibility to investigate any complaints or reports of misconduct that may arise. This article will uncover the process of navigating investigations in the workplace, from initiating an employer investigation to preventing workplace investigations.

 

What is the purpose of investigations in the workplace?

Investigations in the workplace are conducted to identify and address any potential workplace issues. Employers must take any reports of misconduct seriously and investigate them in order to ensure the safety of their employees and the integrity of their company. Investigations can also uncover any underlying issues that may be causing issues in the workplace, such as harassment or discrimination.

Investigations are also important for creating a culture of compliance. By conducting investigations, employers can demonstrate to employees that they take their concerns seriously and will take action when necessary. It also sends a message that the company is committed to following the law and protecting its employees.

 

Types of workplace investigations

There are several different types of workplace investigations. These include investigations into allegations of misconduct, such as sexual harassment, discrimination, and bullying; investigations into violations of company policies, such as drug and alcohol use; and investigations into financial misconduct, such as fraud and embezzlement.

No matter the type of investigation, employers must ensure that the investigation is conducted in a fair and impartial manner. Employees should be given the opportunity to present their side of the story and to provide any relevant evidence or testimony.

 

Steps in navigating an employer investigation

When initiating an employer investigation, the first step is to gather all relevant information. This includes any complaints, reports, or other information that may be relevant to the investigation. The employer should also consider any potential conflicts of interest, such as if the accused is a family member or close friend of the employer.

Once the employer has all the relevant information, they should then determine the scope of the investigation. This includes deciding who will be interviewed and what evidence will be gathered. It is important to ensure that the investigation is thorough.

The next step is to appoint a lead investigator. This should be someone who is impartial and who has the necessary skills and experience to conduct a fair and thorough investigation. The lead investigator should also be aware of the relevant laws and regulations that apply to the investigation.

The employer should then document the investigation, including all interviews and evidence gathered. This will help ensure that the investigation is conducted in an unbiased manner and that all relevant information is considered.

 

Interviewing witnesses during investigations

The next step in the employer investigation process is to interview witnesses. This includes anyone who may have witnessed the incident or who may have relevant information. The employer should ensure that all witnesses are treated fairly and that their statements are taken in a professional manner.

The employer should also ensure that the witnesses are given the opportunity to provide their side of the story and to provide any relevant evidence. It is important to ensure that all witnesses are interviewed in a consistent manner and that all information is documented.

 

What is relevant evidence?

During a workplace investigation, the employer should also gather any relevant evidence. This includes documents, emails, security footage, or any other evidence that may be relevant to the investigation. It is important to ensure that the evidence is collected in a secure manner and that all evidence is documented.

The employer should also consider any potential conflicts of interest that may arise from the evidence collected. If a conflict of interest is identified, the evidence should be collected in a different manner or not at all.

 

Making a decision in workplace investigations

Once the investigation is complete, the employer must then make a decision. This decision should be based on the evidence collected and the interviews conducted. The employer should also consider any mitigating factors, such as the accused’s previous record or any extenuating circumstances.

The employer should also ensure that the decision is fair and impartial. The employer should also document the decision-making process and ensure that the decision is based on the evidence collected and the interviews conducted.

 

Preventing workplace investigations

The best way to prevent workplace investigations is to create a culture of compliance and respect. Employers should ensure that all employees are aware of the company’s policies and expectations, and that any violations are addressed promptly.

Employers should also ensure that any complaints or reports of misconduct are taken seriously and investigated promptly. This will help ensure that any potential problems are addressed before they become more serious and require an investigation.

 

Employer’s legal obligations during investigations

Employers have certain legal obligations during investigations. This includes ensuring that the investigation is conducted in a fair and impartial manner, that all relevant information is collected, and that any conflicts of interest are addressed.

Employers should also ensure that the accused is given the opportunity to present their side of the story and that any decisions made are based on the evidence collected. It is also important for employers to ensure that all interviews are conducted in a professional manner and that all evidence is documented.

 

Employer’s rights during investigations

As an employer, you have certain rights during investigations. This includes the right to hire an independent investigator, the right to interview witnesses, and the right to gather evidence. It is also important for employers to ensure that the investigation is conducted in a fair and impartial manner and that any decisions are based on the evidence collected.

 

Consequences of employer investigations

Employer investigations can have serious consequences. If an employee is found to have violated company policies or the law, they may face disciplinary action, including termination. It is also important to consider the potential legal implications of the investigation, such as a potential lawsuit by the accused.

 

Conclusion - Navigating a workplace investigation

Investigations in the workplace are an important part of creating a safe and healthy working environment. As an employer, it is your responsibility to investigate any complaints or reports of misconduct in order to ensure the safety of your employees. This article has uncovered the process of navigating investigations in the workplace, from initiating an employer investigation to preventing workplace investigations.

 

Jolasers handle the most complex workplace investigations so take all the stress out of your workplace investigation.

 

Email: Stephen.oliver@jolasers.com.au to determine how we can help you solve your workplace conflicts.

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Unpacking 'Upward Bullying': Examining the Impact of Workplace Bullying on Bosses.

 

Workplace bullying is a growing problem in the corporate world. It is a form of abuse and harassment that affects people at all levels of an organization, including bosses, which is known as upwards bullying.

 

This type of bullying is often referred to as 'upward bullying'. In this article, we will explore what upward bullying is, the causes of it, the effects it has on bosses, and strategies to combat it.

 

Introduction to Workplace Bullying

Workplace bullying is defined as a form of psychological violence which can be verbal, physical, or emotional. It is characterized by persistent, hostile, and humiliating behaviour by an employee towards their superior or peers. Bullying can have a devastating impact on the victim's mental and physical health, as well as their productivity and career.

 

Unfortunately, workplace bullying is a common problem that is often overlooked or not taken seriously. In fact, a recent survey found that over 80% of respondents had experienced bullying in the workplace at some point in their career. It is a problem that can affect people at any level of an organization, including bosses.

 

What is Upward Bullying?

Upward bullying is a type of workplace bullying that occurs when an employee targets their superior or boss. It can take many forms, such as undermining the boss's authority, spreading rumours about them or their decisions, or taking credit for their work. In some cases, it can even involve physical or verbal aggression.

 

Upward bullying can be particularly damaging to the boss, as they may feel helpless in the face of the bullying. It is important to note that upward bullying is different from constructive criticism, as the intent of the bully is to undermine, humiliate, or even harm their boss.

 

Causes of Upward Bullying

There are several potential causes of upward bullying in the workplace. One of the most common is a power struggle between the boss and employee, which can lead to the employee trying to undermine their superior. In some cases, it may be due to a feeling of insecurity or lack of control.

 

In other cases, it may be due to a feeling of entitlement, where the employee believes they are better than their boss and feel the need to prove it. It may also be due to a lack of respect for the boss, or a feeling that the boss does not understand the employee's needs or concerns.

 

Finally, it may be due to a feeling of frustration or anger towards the boss for various reasons, such as not receiving a promotion or pay raise. Whatever the cause, it is important to recognize that upward bullying is a serious problem that needs to be addressed.

 

Effects of Upward Bullying

Upward bullying can have a number of negative effects on the boss. It can lead to feelings of stress, anxiety, and depression. It can also cause the boss to become less confident and less able to make decisions.

 

The bully may also try to manipulate the boss into making decisions that benefit them, or they may try to sabotage their decisions or projects. In some cases, it can even lead to physical or emotional harm.

 

Upward bullying can also have a negative effect on the organization as a whole. It can lead to a decrease in productivity and morale, as well as increased turnover and absenteeism.

 

Strategies to Combat Upward Bullying

The first step in combating upward bullying is to create a safe and healthy workplace environment. This includes providing clear policies and procedures on what constitutes bullying, as well as a code of conduct that outlines expectations and consequences for inappropriate behaviour.

 

It is also important to provide training and education on workplace bullying, so that employees are aware of the signs and consequences. This can be done through seminars, workshops, or online training.

 

It is also important to have an open and honest dialogue with employees, so that they feel comfortable coming forward with any issues they may have. This can be done through regular meetings or one-on-one conversations.

 

Finally, it is important to take any reports of bullying seriously and to investigate them promptly. If the investigation finds that bullying has taken place, then appropriate disciplinary action should be taken.

 

How to Recognize Symptoms of Upward Bullying

It can be difficult to recognize the signs of upward bullying, as it can be subtle and often takes place behind closed doors. However, there are some warning signs to look out for, such as:

 

• Unwarranted criticism or negative comments about the boss

• An employee taking credit for the boss's work

• An employee trying to undermine the boss's authority

• An employee refusing to take direction from the boss

• An employee who is constantly challenging the boss's decisions

If you notice any of these signs in your workplace, it is important to take action as soon as possible.

 

How to Support Bullied Bosses

If you suspect that a boss is being bullied, it is important to take immediate action. This includes providing them with support and guidance, as well as helping them to recognize the signs of bullying and how to respond to it.

 

It is also important to investigate any reports of bullying and to take appropriate disciplinary action if necessary. This will send a message to other employees that bullying is not tolerated in the workplace.

 

Finally, it is important to provide resources and support for the boss. This can include counselling or other forms of support to help them cope with the effects of the bullying.

 

Conclusion

Upward bullying is a serious problem in the workplace that needs to be addressed. It can have a devastating effect on the boss, as well as the organization as a whole.

 

To combat this problem, it is important to create a safe and healthy workplace environment and to take any reports of bullying seriously. With the right strategies and resources, bosses can be supported, and the problem of upward bullying can be addressed.

Let Jolasers help you with your bullying investigation. We have over 16 years experience undertaking complex workplace investigations in Melbourne and Regional Victoria.

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Investigating Employee Harassment and Discrimination: How Workplace Investigations Can Uncover Current Issues

Employee harassment and discrimination are serious issues that can have major consequences for companies. As an employer, it is important to recognize and address these issues quickly and effectively.

 

Workplace investigations can be an effective tool for uncovering current and past issues related to employee harassment and discrimination.

In this article, we will explore what workplace investigations are, how they can be used to uncover current employee harassment and discrimination, and what steps should be taken to protect yourself if you are accused of harassment or discrimination.

 

What is employee harassment and discrimination?

Harassment and discrimination in the workplace are defined as any unwelcome or unwanted behaviour that is based on a person’s protected status such as their race, gender, age, disability, sexual orientation, or religion.

 

This type of behaviour can include physical, verbal, or written conduct, as well as visual or symbolic displays. Harassment and discrimination create a hostile work environment, which can have an adverse effect on employees’ morale, job performance, and overall well-being.

 

Employers must take steps to prevent and address harassment and discrimination in the workplace. This includes developing policies and procedures that clearly define what constitutes harassment and discrimination, as well as providing training on these topics. Employers must also create a system for reporting and investigating any complaints of harassment or discrimination.

 

How to recognize and address employee harassment and discrimination

Recognizing and addressing employee harassment and discrimination can be difficult. It is important to understand the signs of harassment and discrimination, as well as how to respond appropriately.

 

One of the most common signs of harassment and discrimination is a hostile work environment. This can include offensive jokes or comments about someone’s protected status, physical or verbal bullying, and other intimidating behaviour. It is important to be aware of any potential signs of harassment or discrimination and address them immediately.

 

Employers should also have a procedure in place for reporting and responding to complaints of harassment or discrimination. This should include a system for filing complaints, as well as a process for investigating and resolving the complaint.

 

It is also important for employers to provide training on harassment and discrimination. This should include information on recognizing and responding to harassment and discrimination, as well as the consequences of engaging in such behaviour.

 

The importance of workplace investigations

Workplace investigations are an important tool for uncovering current and past employee harassment or discrimination. Workplace investigations can provide employers with the information they need to identify and address any issues related to harassment or discrimination in the workplace.

 

Workplace investigations can help employers identify the source of any harassment or discrimination and take the appropriate actions to address the issue. This can include disciplinary action, such as termination or suspension, as well as providing additional training or implementing new policies and procedures.

 

Workplace investigations can also help employers prevent future harassment or discrimination in the workplace. By uncovering any past issues related to harassment or discrimination, employers can identify any potential risks and take steps to mitigate them.

 

What are the steps for conducting a workplace investigation?

Conducting a workplace investigation requires a systematic approach. Employers should have a written policy for conducting workplace investigations, which should include the following steps:

1. Gathering Information: The first step in any workplace investigation is to gather information related to the incident. This includes gathering any relevant documents and interviewing any witnesses.
2. Assign an Investigator: The next step is to assign an investigator to the case. The investigator should have experience in workplace investigations and should be familiar with the company’s policies and procedures.
3. Interview the Complainant/s: It is important to determine exactly what the issues are from the complainant’s perspective.
4. Interview the Accused: The investigator should interview the accused individual to gather their version of events. It is important to ensure that the accused individual is aware of their rights and is treated fairly throughout the process.
5. Determine the Facts: The investigator should then review all of the information gathered and determine the facts of the case. This includes determining if the accused individual violated any company policies or engaged in any unlawful behaviour.
6. Take Action: The final step is to take action based on the facts of the case. This could include disciplinary action, such as termination or suspension, as well as implementing new policies or providing additional training.

The role of the investigator in a workplace investigation

The investigator is an important part of the workplace investigation process. It is the investigator’s job to gather information and determine the facts of the case. The investigator should be impartial and unbiased and should have experience in workplace investigations.

 

The investigator should also have an understanding of the company’s policies and procedures related to harassment and discrimination, as well as the legal implications of any potential violations. The investigator should also be familiar with any applicable state or federal laws related to harassment and discrimination.

 

What should be included in a workplace investigation?

When conducting a workplace investigation, it is important to ensure that all relevant information is gathered and that all parties are treated fairly throughout the process. The following should be included in a workplace investigation:

1. Interviews: The investigator should interview all relevant parties, including the complainant, the respondent, and any witnesses.
2. Evidence: The investigator should also gather any relevant evidence, such as emails, documents, and other records.
3. Legal Considerations: The investigator should be aware of any legal considerations related to the investigation, such as applicable state or federal laws.
4. Final Report: The investigator should prepare a final report that outlines the facts of the case and any recommended actions.

What are the consequences of employee harassment and discrimination?

Employee harassment and discrimination can have serious consequences for employers. This includes potential legal liability, such as lawsuits, as well as reputational damage and loss of productivity.

 

Employers should take steps to address any issues related to harassment and discrimination quickly and effectively. This includes conducting workplace investigations, taking disciplinary action, providing additional training, and implementing new policies and procedures.

 

What are the legal implications of workplace investigations?

Workplace investigations can have legal implications for employers. The investigator should be familiar with any applicable state or federal laws related to workplace investigations, as well as the company’s policies and procedures.

 

The investigator should also be aware of the legal rights of the accused individual, such as the right to remain silent and the right to legal representation. It is important for the investigator to ensure that the accused individual is treated fairly throughout the process.

 

How to protect yourself if you are accused of harassment or discrimination

If you are accused of harassment or discrimination, it is important to protect yourself. This includes understanding your rights, such as the right to remain silent and the right to legal counsel. It is also important to be aware of any potential legal risks and take steps to mitigate them.

 

It is also important to participate in any workplace investigations. This includes providing any relevant information and cooperating with the investigator. It is important to remember that you are innocent until proven guilty and that you should be treated fairly throughout the process.

 

Conclusion

Employee harassment and discrimination are serious issues that can have major consequences for employers. Workplace investigations can be an effective tool for uncovering current and past issues related to employee harassment and discrimination. It is important for employers to have a system in place for conducting workplace investigations, as well as a procedure for reporting and responding to complaints.

 

Employers should also take steps to protect themselves if they are accused of harassment or discrimination. This includes understanding their rights and taking steps to mitigate any potential legal risks.

 

Overall, workplace investigations can be an effective tool for uncovering current and past issues related to employee harassment and discrimination. By understanding the importance of workplace investigations, employers can create a safe and productive workplace for their employees.

If you have any questions or concerns regarding workplace harassment or discrimination, contact us today to discuss your options – Stephen Oliver at Jolasers 0418 101 164

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There's an Increasing Amount of Employers Wanting Workplace Investigations.

Hidden cameras and other surveillance devices are being used more often in the workplace for various reasons. Some companies use them to monitor employees, investigate theft or drug use, or uncover other potential red flags.

 

 

Others use them to identify hazards and improve working conditions. In the event that an investigation is launched into a specific employee, it can be very stressful for both parties involved.

Here is everything you need to know about employee investigations in the workplace:

 

 

What is a workplace investigation?

An investigation is when one or more company representatives talk to employees (or others involved) to gather information about a certain issue that needs to be addressed. Investigations of a serious nature are usually undertaken by external private investigators.

 

Investigations can be initiated by employers for a number of reasons, such as an event that happened recently, an employee complaint, or an employee who is not performing well.

 

Depending on the reason for the investigation, an employer may or may not have to follow any specific protocols. For example, if the investigation relates to unlawful discrimination or sexual harassment, the company will likely have to follow very specific guidelines to ensure that their investigation process is fair and accurate.

 

Why do employers use workplace investigations?

Employers use workplace investigations to gather information about employees or events that have either already happened or that they think are likely to happen.

 

There are many reasons why employers investigate their employees, including but not limited to:

Drugs and alcohol: Employers may investigate an employee suspected of using drugs or alcohol on the job for a number of reasons. It may be due to an error or accident the employee made while under the influence, or there might be a pattern of such incidents.

 

Theft of company property: Employers may investigate employees suspected of stealing company property. This could be an expensive piece of equipment or materials, or even small things like paperclips or pens.

 

Other misconduct: Employers may investigate employees suspected of other misconduct, such as falsifying records or performing shoddy work.

 

Performance issues: Employers may investigate employees whose performance is not up to par. This can cover a variety of areas, such as quality of work, ability to meet deadlines, or working well with others.

 

Safety issues: Employers may investigate employees who are performing tasks that could put their co-workers or the public at risk. This could be related to the process they are using or their work environment.

 

Conflicts or whistleblower issues: Employers may investigate employees who are involved in conflicts with co-workers or who report potential violations of the law.

 

Who can be investigated in the workplace?

Any employee can be investigated, although certain categories of employees are more likely to be investigated than others.

 

Specifically, supervisors, managers, and other employees who have some sort of authority in the workplace are more likely to be investigated than regular employees. This is because they have more access to information and are expected to set an example for the rest of the team.

 

Detecting dishonesty in the workplace

Employees can be dishonest for various reasons, such as to gain an advantage for themselves or someone else. This may happen in the form of falsifying records, doctoring time sheets, or hiding certain events from management – like an accident or a mistake.

Determining performance issues

Employers may use hidden cameras to determine if the performance of certain employees needs to be addressed. If one or more employees are not meeting the expectations of their job, the employer may need to meet with them to discuss their performance.

 

If they’re not willing to change their ways, the employer may decide to fire them. They may also use hidden cameras to determine if there is a pattern to their poor performance. For example, they may be taking too many breaks or spending too much time on social media.

 

Using hidden cameras can be an effective way to gather evidence about performance issues. This can be helpful for employees who want to improve their performance and for managers who need to document poor performance.

 

Identifying safety risks and hazards

Employers may use hidden cameras to identify safety risks and hazards in their workplace. This can be particularly useful for companies that work with machinery or other dangerous equipment.

 

Hidden cameras can help identify problems with machinery and how employees use (or don’t use) it. For example, an employer might use a hidden camera to determine if an employee is using the correct safety gear. They might also want to use a hidden camera to determine if a hazard is present in their workplace. This could include things like excess noise or improper storage of dangerous materials. Employers may use their findings to create a plan to reduce or eliminate the risks and hazards.

 

Final Words

As you can see, there are many reasons why an employer may decide to launch an investigation. Employees may be nervous if they are being investigated, but it’s important to remember that investigations aren’t something that happens often. If you’ve been accused of a specific misconduct, such as falsifying your work hours, you will likely know about it. If you are worried about being investigated, you can always ask your employer what the process looks like.

Check this page out detailing Misconduct Investigations.

Definition of Workplace Misconduct

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Workplace Investigations Without The Stress

Has an employee made an allegation of bullying, harassment or sexual harassment in the workplace? Has there been an allegation of misconduct by an employee?

 

Do you investigate the matter internally or do you need to engage a professional investigations company to undertake an unbiased investigation?

Workplace complaints can quickly spiral out of control and it is difficult to know which way to turn when it comes to resolving the issue.

Jolasers have extensive experience in handling complex workplace investigations - don't let your a workplace complaint spiral out of control. Jolasers provide a simple, stress-free solution to complex workplace investigations - allowing you to resolve the issue quickly and efficiently.

 

Call 0418 101 164 to discuss your workplace investigation situation.

 

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The Do's and Don'ts of a Workplace Investigation

 

A workplace investigation is an important process for any business or organization. It allows employers to uncover the facts about a situation, determine the cause, and take the appropriate action. However, many employers find the process of conducting a workplace investigation to be daunting, as there are a number of dos and don’ts they must follow in order to ensure the investigation is fair and impartial.

 

To ensure the investigation is conducted properly, employers must be aware of the key do’s and don’ts of a workplace investigation. Knowing the legal requirements, what to look for, and the potential risks associated with a workplace investigation are essential to ensuring the process is handled in the most effective manner. By following the recommended guidelines, employers can be sure they are conducting a thorough and unbiased investigation, and ultimately making the right decisions.

 

What is a Workplace Investigation?

A workplace investigation allows employers to uncover the facts about a situation, determine the cause, and take the appropriate action. An investigation can be conducted at any point during a complaint process, or if there is a specific situation where an investigation would be beneficial.

 

Depending on the situation, the investigation can be quite formal; however, it can also be very informal. A workplace investigation is generally conducted when a situation arises that needs to be resolved. This can include complaints, concerns, or issues such as fraud, theft, or bullying.

 

The investigation will aim to determine the facts of the situation, identify any issues, and find potential solutions to resolve them. The investigation may involve interviewing employees, managers, and other relevant parties.

 

The Do’s of a Workplace Investigation

DO understand the complaint – A complaint could relate to the work environment, manager, or other employees. Employers should fully understand the complaint so they can accurately identify the potential issues.

DO follow the appropriate procedures – Employers should be aware of the correct procedures to follow in the situation. This will help to ensure the investigation is fair, accurate, and impartial.

DO document everything – Documentation is key to a successful workplace investigation. Employers should document everything, from the complaint to the findings of the investigation. This will help to ensure the investigation is beyond reproach.

DO protect the rights of all parties – In the course of the investigation, employers should ensure they are protecting the rights of all parties involved.

DO not jump to conclusions – Employers must ensure they do not jump to conclusions based on partial information. This could impact the investigation and the outcome.

DO not allow bias to influence the investigation – Employers should ensure bias does not influence the investigation. This will ensure the investigation is fair, impartial, and accurate.

 

The Don’ts of a Workplace Investigation

DO not do any of these. They are all important for the investigation to be unbiased and thorough.

DO not delay the investigation – Employers should not delay the investigation.

DO not avoid confrontation – Employers should not avoid confrontation, but they must ensure it remains professional.

DO not avoid dismissal – Employers should not avoid dismissal if the facts support dismissal.

 

Conclusion

In order for a workplace investigation to be successful, employers must follow the correct procedures and avoid the Do’s and don’ts listed above. This will help to ensure the investigation is fair and impartial and can be used as a reliable source for making informed decisions.

 

Frequently Asked Questions.

An investigation can be a stressful time for both employee and employer. Employees might have concerns about their performance, feel like they’re being unfairly scrutinized, or worry about the potential implications of the investigation on their career trajectory. For employers, investigations are often taxing and time-consuming processes that demand confidentiality and sensitive handling. In order to help tackle the challenges of workplace investigations more efficiently, we’ve prepared this FAQ guide with answers to some of the most common questions employers may have when initiating an investigation in the workplace.

 

What is a workplace investigation?

Business investigations are designed to seek out facts, identify problems, and find solutions that have be triggered by a specific event or complaint such as a bullying allegation or sexual harassment allegation. They often follow a set process that allows all parties to be treated fairly and ensures that organizational policies are followed.

 

Why is an investigation necessary?

While it’s possible to address issues informally, an investigation often provides more structure and ensures that all employees’ concerns are addressed fairly. It also provides the foundation for any disciplinary action that results from the allegations.

Companies engage external investigators to eliminate any perceived bias or favouritism towards one or more of the participants in the investigation.

 

How long does a workplace investigation typically take?

While there is no hard and fast rule for how long investigations should last, the duration of most investigations falls between two and four weeks. Investigations that are prompted by a specific event, such as an employee's allegation of bullying or harassment, will likely be shorter, due to the desire of all parties to finalise the mater. Investigations that explore multiple issues and problems that have been festering for a long period are likely to last longer. Investigations that include a wide range of employees may be longer still if Investigators aim to include all employees’ input in the process.

 

Who can participate in the investigation?

An Investigator will seek to interview all persons that are involved in the subject of the investigation which may include witnesses to a particular event. Generally the more relevant people interviewed, the more detailed the final report will be.

All persons interviewed in an investigation are entitled to have a support person with them to provide moral support as the circumstances discussed can often be difficult for the person being interviewed to re-live.

 

What are the different types of workplace investigations?

Investigations are often broken up into four major categories – bullying, harassment, sexual harassment and misconduct. They all follow the same basic structure. The person/s who have made the allegations against a work colleague/s will be interviewed first to determine the exact nature of the allegations. Then any witnesses identified will be interviewed and then finally the person/s who the allegations were made against will have the opportunity to respond to the allegations. From there the Investigator will prepare his findings and present to the appropriate person in the company.

 

Can employees be required to participate in investigations?

Employees can be required to participate in investigations if their participation is directly related to the issues being investigated. Employees may be required to produce relevant documentation, provide a written statement, or be interviewed by the investigator. When deciding if employees should be required to participate, employers should consider the nature of the investigation and the expected value of employees’ input.

 

Are there any requirements for informing employees about investigations?

Employers should inform employees whenever they become aware of an issue that necessitates an investigation. Informing employees provides transparency, helps build trust and confidence in the organization, and may reduce the chances of retaliation against the employees who are being investigated. Employers may be able to avoid the need for an investigation by promptly addressing employee concerns. In many cases, employers can address issues informally by talking directly with employees to seek clarification and explore potential solutions.

 

Should employers comply with employee requests during an investigation?

Employers are generally expected to comply with reasonable requests from employees during an investigation, as long as those requests do not interfere with the investigation. For example some employees are uncomfortable being interviewed in the general vicinity of their work colleagues and will request the interview take place offsite or somewhere private that other employees are not aware of their participation.

Employers should be careful not to give the impression that they are providing special treatment to certain employees. If employers feel that a request from an employee would interfere with an investigation, they should explain why and consider providing an alternative solution.

 

Can disciplinary action be taken as a result of an investigation?

Employers may take disciplinary action against employees as a result of an investigation, but they must first ensure that the investigation is thorough and complete. Disciplinary actions are separate from an investigation and should be undertaken after the investigation concludes. Disciplinary actions can vary from a minor formal warning letter being placed on an employees personnel file to really serious disciplinary action such as termination or a referral of matters to police. 

 

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Conducting Investigations of Internal Complaints.

Internal investigations can be one of the most difficult and challenging tasks that an employer is ever likely to face. Conducting investigations of internal complaints of discrimination and harassment is one of the most important jobs for employers to undertake.

 

These investigations are also often rife with legal risks and potential liability. An investigation of an employee’s internal complaint can have serious implications for the company, its employees, and its ability to maintain a safe work environment.

 

An improper or unprofessional investigation can lead to lawsuits by any involved parties, including the employee who made the complaint in the first place. That’s why it’s crucial for every company—big or small, public or private—to understand how to handle these sensitive matters properly from start to finish.

 

 

What is an internal investigation?

An internal investigation is the process by which a company looks into and assesses an employee’s claim of discrimination or harassment. The goal of the investigation is to determine whether the employee’s complaint is legitimate.

 

A company’s decision on how to conduct an internal investigation will likely depend on the type of complaint being made, the number of employees being investigated, the nature of the complaint itself, and the company’s resources and culture.

 

An investigation might include taking statements from witnesses, interviewing the parties involved, and combing through documentation and data to determine whether a violation has occurred.

 

 

When are internal investigations required?

Employers are required to conduct an investigation into an employee’s complaint if it involves discrimination or harassment on the basis of race, color, religion, sex (including sexual harassment, pregnancy, and breastfeeding), national origin, age, disability, genetic information, veteran status, and/or other protected characteristics.

The complaint could be made verbally or in writing, but investigations can only be formally initiated after a written complaint is received.

 

 

Defining the scope of an internal investigation

The scope of an investigation should be defined in writing and should include the date by which it will be completed. The scope should also include the types of individuals who will be interviewed, relevant documentation to be reviewed, and other factors (such as the geographic location of employees being investigated) that will be included in the investigation.

 

When investigators are assigned to a complaint, they should be informed of the scope of their investigation.

 

 

Investigating a discrimination or harassment complaint

In general, employers must investigate an alleged incident of discrimination or harassment promptly and thoroughly. The investigation should be designed to determine whether discrimination or harassment has occurred.

 

If an investigation reveals that discrimination or harassment has occurred, it should be stopped immediately and appropriate corrective action taken. If the investigation reveals that discrimination or harassment has not occurred, the company must communicate the results of the investigation and take appropriate action to protect against future discrimination or harassment.

 

 

Takeaways

The results of an internal investigation can have serious implications for the company, its employees, and its ability to maintain a safe work environment.

An improper or unprofessional investigation can lead to lawsuits by any involved parties, including the employee who made the complaint in the first place.

 

That’s why it’s crucial for every company—big or small, public or private—to understand how to handle these sensitive matters properly from start to finish. Ultimately, the goal of any investigation should be to produce a result that’s fair to everyone involved. Appropriate action should be taken in response to any violations that are discovered, and employees who are not in violation should not be subject to disciplinary or corrective action as a result of the investigation.

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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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