The Rolling Stones told us that “Time is on my side, yes it is”  and with people working from home they may be right. 

People with more time on their hands combined with the social isolation that comes from working from home or being in lockdown can find themselves becoming frustrated which in turn can lead to people saying and doing things on social media that they might regret…

Working from home workplace bullying – I have conducted numerous investigations where emails have been the source of the issues that are claimed as being workplace bullying.

With more and more people working from home as a result of COVID 19, businesses, employers and managers are going to be more dependent on the use of email to communicate. It is important to remember that an email cannot express the sentiment behind it and can be easily misinterpreted.

The investigations I…

Investigating Complaints Part 3 – Conducting a Risk Assessment

This part 3 of a series is a step by step guide to help you investigate employee complaints.  The guides can also be used to investigate complaints from stakeholders including clients and customers.

This process is by no means the only process, it is however the process I use and have been using successfully for a number of years.

The next stage in the investigation process is to conduct a Risk…

This part 2 of a series is a step by step guide to help you investigate employee complaints.  The guides can also be used to investigate complaints from stakeholders including clients and customers.

This process is by no means the only process, it is however the process I use and have been using successfully for a number of years.

Once you have completed your analysis of the complaint the next stage of the investigation is to develop your Investigation Plan.

The…

A case at the Fair Work Commission (Trialonas v Steric Solutions Pty Ltd) highlighted the need for employers to understand what Summary Dismissal is, how it applies to Serious Misconduct and the importance of thorough professional workplace investigations.

In this case a worker was summarily dismissed for using abusive language towards his supervisor but then allowed back to work…

Investigating Complaints Part 1 – Analysing the complaint.

This series is a step by step guide to help you investigate employee complaints.  The guides can also be used to investigate complaints from stakeholders including clients and customers.

This process is by no means the only process, it is however the process I use and have been using successfully for a number of years.

The first step in the investigation process is…

Complaint Management  - Dealing with complainants and their expectations. As an business owner, employer or manager you may have to deal with complaints from stakeholders including clients, customers, suppliers or employees.  Complaints could relate to a number of issues however from experience we have found common complaints include;

• The behaviour of your staff towards stakeholders/clients/other employees
• The way in which your organisation or facility is being…

At times during a workplace investigation it may be necessary to manage the expectations of managers especially senior managers. As an investigator you must take control and responsibility for the investigation.

In my experience management expectations/interference/demands comes in three forms;

1. Expectations around the process – how the investigation is conducted.
2. Expectations about the outcome – What they want.
3. Expectations around the timelines – How…

Workplace Investigations Uncooperative Complainants – at times during a workplace investigation you may have to deal with an uncooperative complainant, what should you do?

In my experience uncooperative complainants fall into 3 categories; (there may be more, but this is what I have encountered.)

1. Complainants who are concerned and even fearful of the process and their part in the investigation.
2. Complainants who know that their complaint is baseless and want…

Workplace Investigations Difficult Respondents – What can or should you do? – Remain calm and professional,  do not engage in arguments and stick to your interview plan/process.

At times during a workplace investigation, you may have to deal with difficult respondents. This can occur in a number of ways:

1. The respondent refuses/declines to attend an interview to discuss complaints/allegations made against them.
2. The respondent refuses/declines to answer questions…

Workplace Investigation Questions and the question of what and how to ask questions during an interview.

The interview is typically a means to gather evidence, to clarify points made in a complaint, to find out what people saw, heard or experienced and also an opportunity for the person who is the subject of the complaint to provide their side of the story.

There are two key elements to the actual interview that are of paramount importance – asking questions and listening to…

Workplace Investigations Complaint Ownership

Workplace Investigations Complaint Ownership – What if the employee does not want an investigation into their complaint?

In some circumstances, an employee may raise a workplace issue with their employer or make an “informal” complaint but does not wish for any formal action to be taken. What are the options for the employer, Manager or HR professional?

While it is…

What do you do if you know or suspect that the culture is bad & that bullying & sexual harassment is happening, but you don’t have any proof or actual complaints.

This can be tough as you have a duty of care to take all reasonable steps to provide a workplace that is free from bullying & sexual harassment, so I recommend a 3 step approach.

1. Conduct training to outline what bullying & sexual harassment are, the behavioural expectations of your organisation…

Having investigated 100s of workplace bullying/harassment complaints and conducted many training sessions. I have found that the requests/engagements have always come from the HR department or another senior manager (if there is no dedicated HR) but never from a manager involved in safety or WHS. 

Would a shift in responsibility for the handling of bullying and harassment complaints and training from HR to WHS/HSE affect the process and how bullying and harassment…

How many of you have encountered the problem when a complaint is made but the complainant tells you that they don’t want the matter investigated

I often get asked by HR professional and managers, “What do I do if someone makes a complaint and then says that they don’t want me to do anything, they just wanted me to know.”

Despite what people think this is not a difficult situation, it becomes all about ownership of the complaint.

Once someone has made a complaint…

Workplace Investigation Allegation Letters. This article addresses the format of allegation letters.

In a workplace investigation allegation letters are used to advise the person subject of the complaint about what has been alleged and also to invite that person to attend an interview to provide their version of events or their side of the story.

There are certain components that I recommend you include in an allegation letter, the section in…

Workplace investigations drafting allegations – One of the most important parts of workplace investigations is the drafting of the allegations to be put to the person subject of a complaint. There are a number of important considerations;

Timing: Personally I interview the complainant first, then witnesses and then gather any other available evidence before attempting to draft allegations. I know of others who like to interview the respondent…

Conducting workplace investigations into employee misconduct or complaints such as bullying, harassment or sexual harassment should be fairly straight forward and not beyond the skill set of managers or generalist HR professionals or is it?

Consider the case of Paulson v Industrial Relations Secretary (Department of Justice) heard at the NSW…

With the increasing publicity surrounding sexual harassment in Hollywood and the #MeToo campaign it may only a matter of time before there is an increase in the reporting of sexual harassment complaints in the workplace, is your organisation ready to deal with complaints?

Responding promptly and correctly is in the best interests of victims and the organisation.  For the organisation or business failing to deal with complaints can result in costly litigation,…