Witnesses to repeated conduct generally use more uncertain language than witnesses to single events. This article explores why and how investigators must adjust their interviewing approach and credibility assessments accordingly, particularly in bullying matters.
The challenge of repeated conduct allegations: What updated research tells us Read More »
Workplace bullying accounts for 33 per cent of Australia’s 16,800 annual mental stress workers’ compensation claims, and legal remedies for affected workers are expanding. This practical guide covers allegation drafting, evidence assessment, and the threshold of repeated unreasonable behaviour creating a real risk to health and safety.
Workplace bullying investigations: A practical guide for investigators Read More »
Being trauma-informed is no longer best practice in workplace investigations – it is fundamental practice. A trauma-informed approach seeks to minimise harm to participants and improve the reliability of information, requiring patience, preparation and thoughtful communication rather than clinical expertise.
Why trauma-informed investigations matter – from first contact to final outcome Read More »
Making findings is often the most demanding stage of an investigation and the point where investigations are most at risk of going wrong. This article draws on insights from more than 1,500 investigations and case law to provide practical guidance on making findings that withstand scrutiny.
Making defensible findings of fact that stand up to scrutiny Read More »
Understanding neurodiversity is part of a person-centred and procedurally fair approach to workplace investigations. Investigators can support neurodivergent participants through clear communications, flexible scheduling, sensory-friendly environments and extra processing time in interviews.
Accommodating neurodiverse participants in workplace investigations Read More »
As psychosocial safety regulations evolve across Australia, the intersection between workplace misconduct and safety investigations continues to increase. Organisations that understand the fundamental differences between these investigation types and develop clear protocols are better positioned to meet their legal obligations.
Misconduct vs safety investigations in the workplace: Navigating the tensions Read More »
Not every workplace complaint requires a formal investigation. A documented triaging process helps organisations determine the most appropriate response – from facilitated discussions to formal investigations – saving resources and ensuring fair outcomes for employees and employers.
To investigate or not? Triaging can provide the answer Read More »
Digital evidence from a wide variety of online sources is commonplace in workplace investigations.
Evidence has a hierarchy of reliability: direct evidence carries more weight than circumstantial, hearsay, or opinion evidence in workplace investigations.
Assessing witness credibility in workplace investigations Read More »
‘I don’t recall’ responses are common in workplace investigation interviews, but they don’t need to be a roadblock if handled well.
Recall roadblocks: How to handle ‘I don’t recall’ responses in investigations Read More »