FAQ – Workplace Investigations

As an employer you have an obligation to create a safe and productive workplace.

To meet this obligation, you will have to respond to employee misconduct on situations where grievances have been raised in a professional and independent way, which means from time to time you will have t to conduct a workplace investigation.

As a Workplace Investigation specialist, Noble Shore is often asked questions about Workplace Investigations so we have put together the following list of frequently asked questions.

What is a workplace investigation, and what is its purpose?

A Workplace investigation is process in which an employee or independent investigator gathers information about behaviours by another employee or employees that are detrimental to you your business. The purpose of a workplace investigation to gather information about a persons conduct to establish if they have violated company policy’s or any workplace legal requirements.

When should I conduct a workplace Investigation?

A workplace investigation should be conducted whenever there are allegations or suspicions of workplace misconduct, such as harassment, discrimination, retaliation, theft, fraud, or other violations of company policies or the law. Workplace investigations can also be conducted in response to complaints filed by employees, clients, or third-party stakeholders. It is important to conduct investigations promptly and thoroughly to ensure a safe and respectful workplace for all employees and to mitigate legal and reputational risks for the organisation.

Why Should I conduct a workplace investigation?

There are several reasons why you should conduct a workplace investigation:

• Legal compliance: As an employer, you have a legal obligation to investigate workplace misconduct, such as harassment, discrimination, retaliation, or other violations of employment laws and regulations.
• Employee safety and well-being: Workplace misconduct can create a hostile work environment, negatively impact employee morale, and result in physical and emotional harm to employees. By conducting an investigation, you demonstrate your commitment to maintaining a safe and respectful workplace for all employees.
• Mitigation of legal and reputational risks: Failing to investigate workplace misconduct can lead to legal claims, including discrimination and harassment lawsuits, as well as negative publicity and damage to your organisation’s reputation. By conducting a thorough investigation, you can identify and address issues before they escalate.
• Ethical and moral responsibility: As an employer, you have a responsibility to uphold ethical and moral standards and to address any behaviour that violates these standards. Conducting an investigation demonstrates your commitment to integrity, fairness, and accountability in the workplace.

Who conducts workplace investigations?

An objective and impartial investigator, which may be an experienced person who is not connected to the alleged behaviour or an external investigator that is appropriately licensed and experienced.

Workplace Investigations can be time consuming, and the investigator must have a deep understanding of investigation practices and legal principles such as procedural fairness. Often it is better to ask independent investigator who is:

• Impartial: Professional investigators are trained to conduct investigations in an objective and impartial manner. They have no personal stake in the outcome of the investigation and can make impartial decisions based on the facts of the case
• Experienced: Professional investigators have experience in conducting workplace investigations and are familiar with the legal and procedural requirements of such investigations. They are skilled in conducting interviews, analysing evidence, and preparing reports.
• Licensed: in the majority of jurisdictions, Investigators must be licensed, which means they have qualifications and are experienced at conducting investigations.

What are the key steps in conducting a workplace investigation?

The specific steps in a workplace investigation can vary depending on the nature and scope of the investigation, but here are some common steps:

1. Plan the investigation: Determine the scope of the investigation, identify the investigator(s), and establish a timeline and communication plan.
2. Conduct interviews: Interview witnesses, the complainant, and the respondent, if applicable. Gather information about the alleged misconduct, the parties involved, and any relevant policies or procedures.
3. Collect and review evidence: Collect any relevant documents, such as emails, text messages, or other records, and review them for evidence of misconduct.
4. Analyse evidence: Analyse the evidence collected and identify any patterns or inconsistencies that may indicate misconduct.
5. Make findings: Based on the evidence and witness statements, make a determination as to whether misconduct occurred or not.
6. Prepare a report: Document the investigation findings and prepare a report detailing the investigation process, the evidence collected, and the findings.