To say that a workplace investigation report is an important document is certainly something of an understatement. Following the investigation, the report will be relied upon for all manner of significant organisational decisions, tasks and action.
As a result, it is essential that workplace investigators create a professional, transparent and unbiased document.
When the investigation is complete and the report is handed to the employer, this document will provide a focal point for immediate action.
Employers will rely upon the report for appropriate disciplinary action, and as a means of establishing compliance where required. The investigation report will often form the basis of policy changes and will need to be clear and persuasive in this regard.
Perhaps most importantly, the report will underpin the defence of any future claims. How the investigation has been carried out and the weight to be given to findings will be on display now and into the future.
It is insufficient to simply cobble together some aspects of the investigation and present a pleasant-looking report. The report should be transparent; provide a clear step-by-step explanation of the investigation; state the allegations; make reference to the information and documents obtained and considered and the process of analysing and weighting the evidence - among many other elements.
Readers will be looking to see how the interview process was carried out, if parties were treated with equal respect, plus whether findings were made with objectivity and on the evidence available.
The report should clearly reflect the author's thinking regarding whether allegations are substantiated, unsubstantiated or if a lack of evidence exists.
A strong methodology will ensure the highest quality of evidence obtained - which can be of great significance when serious claims have been made, as explained in the Briginshaw v Briginshaw case.
There is a tried-and-true approach to setting out a professional workplace investigation report. The first item is the executive summary which - as it sounds - provides a high-level overview of the process and outcomes. The methodology of the investigation is explained, demonstrating an underpinning coherence to the investigation process. Importantly, the civil standard of proof - 'on the balance of probabilities' - is defined and explained to ensure there is an understanding across a broad audience. The allegations, particulars and evidence are then set out in a professional and objective manner.
A most challenging aspect of the report is describing and explaining the findings made. In essence, the investigator is explaining why one person's version of events or piece of evidence is to be preferred over another. Again, this must be done thoroughly and with transparency.
The investigator then sets out any other issues that have arisen through the investigation, such as other issues identified in the workplace, the illness of a hoped-for witness or difficulties accessing documents, just as examples. Finally, the report sets out the final findings and where requested or appropriate makes recommendations in a clear and unbiased manner.
When approaching the task of writing a report, a useful phrase is 'know your audience'. In most cases it will be the employer who has sole access to the investigation report. Yet the reality remains that a court could examine the report document at any future stage.
In any event, aim to be short and concise at all times with clear and unbiased descriptions. Sometimes the investigation report will need to reflect the technical realities of the workplace, which might include convoluted descriptions or layered processes.
In these circumstances it can be a good idea to create a glossary of terms or a similar explanatory system that allows for inclusion of and explanation of complex information, while not interrupting the flow of the document. Keep to a logical sequence. Having done the good work of a high-quality investigation, it can be all undermined if the employer is left with a report that is confusing or unhelpful.
In writing up findings, it is essential that investigators 'follow the evidence'. For example, if evidence A plus evidence B led you to finding W then clearly state this. You cannot simply 'find W' without explaining your reasoning.
The task of pulling together all relevant material into a cohesive report at the conclusion of an investigation can be a challenging prospect. Utilising an external investigator can ensure a report is written in an unbiased, objective and timely manner. To appoint an expert to your organisation's investigation, contact WISE.
WISE Workplace is a multidisciplinary organisation specialising in the investigation of workplace behaviour. We investigate matters of corporate and professional misconduct, resolve conflict through mediation and minimise the impact of inappropriate behaviour through our whistleblower services.
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