retaliation against employees who report misconduct is a problem in This is a topic that many people are looking for. bluevelvetrestaurant.com is a channel providing useful information about learning, life, digital marketing and online courses …. it will help you have an overview and solid multi-faceted knowledge . Today, bluevelvetrestaurant.com would like to introduce to you Workplace investigations – tips and traps. Following along are instructions in the video below:
A workplace investigation is a search for the truth as to what happened in any any particular set of circumstances. There may be a whole range of situations in which employer may need to conduct a workplace investigation that might include following an occupational health and safety incident. For example or where an employee raises.
An employee grievance or lodges. A claim for bullying or discrimination. Theres some of the circumstances each investigation will turn on its own facts.
And so therefore there needs to be a level of flexibility about how investigations are conducted. But a starting point a good starting point generally is for an employer to determine whether they have a policy or procedure. Which regulates how they conduct an investigation and if they do that they comply with that thats often one of the first considerations that an employer needs to turn their mind to in most cases.
Its appropriate for an employer to conduct an internal investigation that allows them to contain costs it often allows them to conduct the investigation in a timely manner as well there will be some circumstances.
However where it is appropriate for an external party to be engaged to conduct an investigation that might include for example. Where the employer doesnt have the internal resources or the appropriate skill level to conduct the investigation. It may arise.
Where the invest where the subject matter of the investigation. Gives rise to concerns about senior people within the organization so to ensure that there is no suggestion of bias or improper influence in the process or in some cases. Where particular expertise so for example.
If it requires forensic skills or analysis. Which are the employer itself. Doesnt have the primary benefit is that it provides a sound evidentiary basis for the employer moving forward and taking whatever action is appropriate in the circumstances secondary benefits include allowing the employer to defuse a situation at a very early stage in the process in some circumstances conducting an investigation can under can uncover certain systemic problems that may exist in the employers business and that allows the employer then to address those systemic issues and finally it allows employers to demonstrate that their policies and procedures are actually complied with so that employees can feel that if they have an issue they will be dealt with in an appropriate and consistent manner.
The first issue for employees to be aware of is to ensure that if they have a policy that regulates how investigations are to be conducted that they actually follow that policy.
Another concern is to ensure that the person who conducts the investigation. Whether theyre internal or external. Doesnt have any prior involvement in the issue to be determined to avoid any claims of bias made by any party involved the other thing to consider is whether interim arrangements need to be made in terms of the individuals involved in the investigation process and how they may be implemented in a way that doesnt prejudge.
The outcome of the issue confidentiality is often an issue that arises in investigations and employers need to be aware of the need to maintain confidentiality to limit the damage that can sometimes be caused by the stress of an investigation in a workplace context. Another issue that arises in the context of workplace investigations is how records are kept. Its important that when people are interviewed that records in writing are made of what those people have said and its also important that they be given an opportunity to review those records to ensure that they are comfortable.
That it is an accurate record of what they have said this can often avoid subsequent problems that arise. Where witnesses recant or say thats not what i said in the investigation. It can undermine the investigation process natural justice is also an important issue to bear in mind in any workplace investigation.
Ensuring that not only the complainant but also the respondent and any witnesses are afforded natural justice as required by the circumstances. Employers should also be mindful that in most cases documents produced in the course of the investigation. Process and the investigation process itself may well be subject to scrutiny in later proceedings you .
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