The presence of bias be it actual or perceived during an investigation can derail the investigation and undermine any findings and recommendations.
Complaint of bias are often raised relating to two areas, the investigation process itself or the investigation interviews.
This article will examine the process, part two will examine bias during interviews.
Workplace investigations are defined as "an unbiased gathering of evidence" and to ensure that that a…Continue
It is important to understand that a workplace investigation may be scrutinised by a court in the case of a complainant suing in negligence for a breach of a duty of care in a bullying or sexual harassment matter. For example the case of Mathews v Winslow Constructors where an award of 1.3 million dollars was ordered or by the Fair Work Tribunal in the case of an unfair dismissal…Continue
During the course of an investigation there comes a point where you must ensure that the person subject of a complaint is afforded procedural fairness.
Failure to afford an employee Procedural Fairness can result in;
The Fair Work Commission dismissed a former Calvary Hospital office worker’s application for an unfair dismissal remedy. Link to case
Andrew Powell commenced employment with Calvary Public Hospital in an administrative role in September 2014. On 26 May 2016, Mr Powell was suspended without pay pending an investigation into allegations of serious…Continue