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It is important that all parties including the complainant, witnesses and respondent are treated professionally, without bias and feel heard during the investigation process in order to minimise further disruption and workplace stress.
A workplace investigation typically consists of a process of fact-finding with the goal of ascertaining whether or not a situation has occurred. It's typical for a workplace investigation to require that specific criteria for the case be established and that a formal investigation report be created in order to make findings on a particular situation to allow a reasonable decision-making process on the next steps to occur.
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The HR Dynamics process generally involves the following methodology:
When making findings, a decision maker must apply the civil standard of proof â the âbalance of probabilitiesâ and not the criminal standard of proof, which is âbeyond reasonable doubtâ. This means that for an allegation to be substantiated, the evidence must establish that it is more probable than not that the alleged conduct or event occurred. The strength of evidence necessary to establish an allegation on the balance of probabilities may vary according to the:
This is known as the âBriginshaw testâ (Briginshaw v Briginshaw (1938) 60 CLR 336). Source: QLD Govt
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After an investigation and findings are made, HR Dynamics may make recommendations on the next courses of action - what options are recommended to resolve the matter; mediation, coaching/training, clarification of acceptable workplace behaviours, and performance management, could be included.
Depending on the circumstances, options outside an investigation could include:
Assisting the employee in self-resolving a conflict, for example, coaching them in how to resolve an interpersonal dispute with another employee
Implementing performance improvement strategies, such as providing additional training or retraining facilitating a conversation between the complainant and the individual who is the subject of a complaint (ideally encouraging the individual to resolve the conflict themselves).
Engaging a mediator who is properly trained and increasing supervision for (or engagement in) a team and/or facilitating a team-building exercise
Reviewing organisation policies and procedures to minimise further events occurring
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