A poor investigation may result in a Worker’s Compensation Claims or the Fair Work Commission may overturn the termination based on the Investigation Process.
Step 1: Communication
Decide if the matter needs to be investigated. Complaints made on behalf of a third party or old issues are not usually investigated.
Look at the workplace policies and decide if any of those policies may not have been complied with.
Grievances do not need to be investigated. They are resolved in a face-to-face meeting between the parties.
Step 2: Investigation Plan
Let the person who is the subject of the investigation know there is an issue, stress confidentiality.
A serious complaint, such as failing to follow directions from a manager or discriminatory conduct, may result in the employee who is the subject of the complaint being stood down with pay.
Let the Complainant know that the issue is being investigated, stressing confidentiality.
Step 3: Investigation Process
The investigator must be neutral.
The investigator must follow the concepts of procedural fairness and natural justice.
The investigator should establish an investigation plan that includes time frames, witnesses, and the final decision-maker who is not involved in the investigation process.
Step 4: Gathering the evidence will help make a finding and recommendation
The investigator should talk to the witness and decide if the complaint has substance. If so, the substantial issue should be put to that person, and a verbal or written response should be asked.
Based on the evidence, the investigator should make a finding.
Any adverse finding should be put to the person who is the subject of the complaint and ask for that person’s response.
The investigator should prepare a report containing the relevant matters on which the investigator has made a finding and recommendation and send the report to the decision maker.
Step 5: Decision maker action
Based on the findings and recommendations, the decision maker may decide that disciplinary action is necessary. The proposed disciplinary action should be presented to the person who is the subject of the complaint and asked for his/her response.
Step 6: Final Decisions
The decision maker is to communicate the decision to the person on what subject of the complaint may be no action, counselling, writing, or notice to show cause the employee should not be terminated.
Step 7: Communication with the complaint
When the complaint process is finalised, the contract should be told “the complaint has been investigated and is now finalised.”
Do you need help with workplace investigate? Contact John Morrissey. John has had decades of experience in workplace investigation as an investigator and an independent decision-maker.
Call John on 0407 069 507.
