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Investigation Practice

What do I do when a complainant wants to remain anonymous?

How To Conduct An Effective Investigation, Investigation Practice / By

KEY TAKEAWAYS: While investigators must carefully consider the wishes of a complainant (who could be a witness or impacted person), confidentiality cannot be guaranteed (even where protections under relevant whistleblower legislation apply as there are exceptions). Procedural fairness requires that respondents be given sufficient detail to allow them to respond to allegations against them. This […]

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Five-point guide on the collection and use of surveillance evidence in workplace investigations

How To Conduct An Effective Investigation, Investigation Practice, Trends and Insights / By

KEY TAKEAWAYS: 1. Quality surveillance evidence can be valuable in workplace investigations, providing: independent and direct records of incidents precise timing and identification of witnesses high reliability compared to witness recollection 2. Surveillance evidence can also have important limitations, including: storage and retention constraints legal compliance requirements quality and visibility issues resource costs for extensive

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Surveillance evidence in workplace investigations: New technologies and evolving law reform  

How To Conduct An Effective Investigation, Investigation Practice, Trends and Insights / By

KEY TAKEAWAYS: the types of workplace surveillance – such as wearable cameras, fingerprint or eye scanners, employee activity or logging monitoring – has exploded since COVID and with rapid advances in technology employers have a responsibility to provide a safe workplace and safeguard their employees’ right to privacy it is helpful for workplace investigators to:

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Five golden lessons for workplace investigators: Learnings from recent Commission decisions

Best Practice Templates For Your Next Investigation, Investigation Practice, Trends and Insights / By

KEY TAKEAWAYS: Recent decisions by Australia’s national Fair Work Commission (FWC) and state-based Tribunals and Commissions highlight five fundamental practices that investigators need to get right to conduct effective workplace investigations. 1| It goes without saying, procedural fairness is paramount and includes: acting quickly progressing investigations promptly holding separate witness interviews presenting clearly drafted allegations

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Part 4 | Playing fair: The 9-point plan for effective workplace investigations in sports organisations

Complaint Types, How To Conduct An Effective Investigation, Investigation Practice / By

KEY TAKEAWAYS: The fundamentals of an effective workplace investigation are the same for sports clubs, associations and representative bodies as they are for any employer. This nine-point plan reviews investigation fundamentals through a sporting lens: clear protocols – the investigation and disciplinary process should be independent of each other, undertaken by different roles within a

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Let’s yarn about culturally safe workplace investigations involving Aboriginal or Torres Strait Islander participants

Complaint Types, How To Conduct An Effective Investigation, Investigation Practice, People and Wellbeing / By

KEY TAKEAWAYS: Cultural competency assess team and individual cultural maturity and capabilities, including awareness of conscious and unconscious bias consider engaging an Indigenous engagement advisor to educate and upskill staff, particularly on issues such as gender, shame, kinship, and power imbalances, and how to sensitively manage these issues during an investigation. Investigation planning ascertain if

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Setting up an internal workplace investigation team for success 

How To Conduct An Effective Investigation, Investigation Practice / By

KEY TAKEAWAYS Consider: where an internal workplace investigation team should be located, based on organisational resources and context, such as within an existing function like HR, or in a stand-alone unit the size of team required to deliver timely investigation findings the skillsets required for the type of complaints regularly investigated reporting lines and maintaining

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The ABC of workplace investigations in schools

Complaint Types, How To Conduct An Effective Investigation, Investigation Practice / By

KEY TAKEAWAYS Know: the relevant professional standards applicable mandatory reporting obligations Consider: consent to interview minors the need for support persons or other cultural advisors in interviews the suitability and privacy of interview locations Manage: real and perceived conflicts of interest between witnesses, the complainant and respondent confidentiality by limiting the number of witnesses interviewed

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Managing a sexual harassment workplace investigation alongside a police investigation

Complaint Types, How To Conduct An Effective Investigation, Investigation Practice / By

KEY TAKEAWAYS Prioritise: the safety and wellbeing of all employees, including any impacted persons securing and preserving evidence, particularly time-sensitive CCTV footage Consider: the wishes of the impacted person, in particular whether they want the complaint reported to police whether the employer is legally required to report the conduct to police Communicate: regularly with police

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PART 2 | The game plan: Who is responsible for investigating a complaint?

Complaint Types, How To Conduct An Effective Investigation, Investigation Practice / By

Australian sport finds itself grappling with a wave of integrity and misconduct allegations both on and off the field. In recent weeks alone, numerous incidents have come to light, including a racist slur made by an NRL player towards another player during the season opening match, and legal action by several former Aboriginal and Torres

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