The Three Critical Elements of a Melbourne Misconduct Investigation
The recent case of an rideshare driver being found guilty of sexual assault, and media reporting it as a “joke” incident reveals once again that employee misconduct is a sensitive topic.
Any time there is an investigation into allegations of misconduct by employees, the company needs to take great care in how they handle it. While a good investigation can limit damage to the company’s reputation, a bad one can do irreparable harm. To make matters more difficult for businesses and HR departments, the laws surrounding investigations into employee misconduct are different in every state and territory.
There are three critical elements in any effective misconduct investigation: scope, process, and collaboration. These three factors will help you in managing future misconduct investigations with confidence.
What is the scope of the investigation?
The first step in any misconduct investigation is to determine its scope. In other words, you first need to decide what you are investigating.
There are two types of investigations that you will typically conduct in the case of misconduct. The first is called an “inquiry” and is used when there is a need to clarify a situation. The second is called an “investigation” and is used when there is a need to collect evidence related to a claim or complaint. Inquiries are usually informal.
In other words, there is no need to follow a specific process or to have a formal investigation team. The information gathered at this stage is not meant to be used in a disciplinary action or in legal proceedings.
Investigations, on the other hand, are formal. They are much more serious and are meant to gather evidence that can be used in disciplinary proceedings or even a court of law.
Who will be involved in the process?
Once you have determined the scope of the investigation, the next step is to identify the people who will be involved in the process.
The most important question here is who will be on the investigation team. The investigation team may include HR representatives, investigators, and the person who made the complaint. It is also important to include people outside of HR, such as a department manager, supervisor, or someone from the legal department.
There are two reasons you should involve people from outside of HR in the investigation process. First, you want to provide an inclusive environment for the person who made the complaint. In other words, you want to be sensitive to their needs.
Involving people from different departments can help in this regard. Second, you want the investigation to be thorough and complete. The best way to guarantee this is to get different viewpoints and opinions.
How should you collaborate?
Once you have identified the scope of the investigation and the people who will be involved in the process, you need to think about how you will collaborate.
There are three important factors to consider when it comes to collaboration.
The first is communication. You need to have open communication between all parties involved in the investigation. This will help to ensure that everyone is kept up to date on the progress of the investigation.
The second is transparency. This means that every person involved in the investigation team should be given the opportunity to provide input. This can help to avoid any perceptions of bias and help to protect the integrity of the investigation.
The third is trust. You need to build trust between all parties involved in the investigation.
These three factors can help you to manage and mitigate the potential impact of misconduct investigations. They can also help you to increase the chances of a positive outcome.
