Bullying and Harassment in the Workplace: How to perform an investigation – May HR Forum Wrap Up

Every 3 months, Quay Appointments play host to a HR Forum, where professionals in the HR line of work are invited to come in and discuss key HR related issues facilitated by an industry specialist.  At last week’s HR Forum “how to conduct a workplace investigation our facilitator Karen Apps outlined the process

Workplace Investigation Process

•               Complaint/allegation
•               Preliminary analysis/investigation
•               Investigation plan
•               Fact-finding interviews/evidence gathering
•               Summary
•               Conclusions
•               Recommendations
•               Written report
•               Follow up/feedback

Rules for Investigators

•               Procedural Fairness /Natural Justice

•               Right of Reply

•               Unbiased

•               Timely Investigation (3 months)

Under the NSW Work Health and Safety Act 2011 an employer has an obligation to ensure the health, safety and welfare of all employees and this extends to bullying.

A complaint or allegation of this nature should automatically trigger an investigation. Here is a sample form from the internet.  http://hrforms.thompson.com/samples/HFGNR004_sample.pdf

Under the NSW Work Health and Safety Act 2011 an employer has an obligation to ensure the health, safety and welfare of all employees and this extends to bullying.

A complaint or allegation of this nature should automatically trigger an investigation

Workplace Investigation Process

• Complaint/allegation
• Preliminary analysis/investigation
• Investigation plan
• Fact-finding interviews/evidence gathering
• Summary
• Conclusions
• Recommendations
• Written report
• Follow up/feedback

Create an overview of the investigation using a date line and a summary of the evidence

• Include supporting evidence, any applicable laws, regulations, code of conduct or workplace policies that relate
• Investigator will make a determination based on the balance of probability
• HR will make a recommendation based on determination the necessary course of action to be taken

• Complicated investigations may require external experienced workplace investigator

Thank you to everyone who attended and to Karen Apps for bringing her wealth of experience into the HR Forum.