Once a workplace investigation is complete, employers will need to continue managing the issue actively, with the help of their external investigator.
The workplace investigator will first conclude their investigation. This will mean that the investigator will have summarised and assessed all relevant evidence, made a decision on the balance of probabilities as to the merit of the allegation/s and communicated that decision to the employer. The investigator will also make a recommendation as to what the next step should be.
The employer may choose to accept this investigator’s conclusion and recommendation. Recommendations may be to do nothing, issue a formal warning, issue a final warning or to dismiss the employee.
The investigation may completely resolve workplace conflict, but often conflict will continue if proper safeguards are not implemented. An external workplace investigator may recommend and draft a Performance Improvement Plan for a problematic employee.
A Performance Improvement Plan should include:
- Info on acceptable performance
- Measurable objectives that are relevant, achievable and time-bound
- Details on progress meetings
- Info on how management will assist the employee
- Consequences for not meeting the objectives listed in the plan
Tip for avoiding further investigations with a problematic employee:
- Employees who have been investigated for their conduct should be met with regularly in order for both sides to communicate their feelings concerning subsequent conduct.
- Meetings and dates can be set by your workplace investigator, as they will be able to determine the requirements for both your employee and your business. Additionally, you can ask your investigator to be present in initial meetings to have an external 3rd party as guidance.
Workplace investigations are a tool for your business to avoid costly legal dramas such as an unfair dismissal claim. A professional investigation will protect your business interests and allow your management team to focus on the job. All investigative and subsequent requirements can be planned by John at HR/IR Solutions Wollongong.
