Workplace investigations are essential for resolving issues such as misconduct, bullying, discrimination, and breaches of safety. However, many organisations make critical errors during the investigation process, which can lead to unfair outcomes, damaged employee trust, or even legal challenges. Avoiding these common mistakes is key to conducting a thorough and defensible investigation. Here are some of the most frequent pitfalls in workplace investigations and how your organisation can avoid them.
1. Delaying the Investigation
One of the most common mistakes businesses make is delaying the start of an investigation. Whether due to a lack of resources or the hope that the issue will resolve itself, waiting too long to investigate can escalate the problem. Delays can result in evidence being lost, witness memories fading, or further misconduct occurring. It also sends a message to employees that their concerns are not being taken seriously.
How to avoid it:
Act swiftly when a complaint or issue arises. Set a timeline for the investigation process and begin gathering information as soon as possible. Partnering with an external investigator like Assurance HR (AHR) ensures you have the resources to start immediately, even if your internal team is stretched.
2. Lack of Impartiality
Another major mistake is assigning an investigator who has a personal or professional connection to the parties involved. This can result in bias, whether intentional or not, and may affect the credibility of the investigation. Even the perception of bias can undermine the integrity of the process and lead to claims of unfair treatment.
How to avoid it:
Ensure that the person conducting the investigation is neutral and has no conflict of interest. Often, bringing in an external investigator like AHR is the best solution, as it guarantees impartiality and prevents conflicts of interest from clouding the investigation.
3. Poorly Conducted Interviews
Conducting interviews with the complainant, the respondent, and witnesses is a critical part of any investigation. However, failing to prepare properly for these interviews or asking leading questions can lead to incomplete or biased information. Additionally, if interviews are not handled sensitively, they can escalate tensions within the workplace.
How to avoid it:
Prepare thoroughly for each interview. Develop open-ended, non-leading questions that allow the interviewee to give their full account. Make sure the interviewer has the skills to remain neutral and professional throughout. AHR’s experienced investigators are trained in conducting sensitive interviews, ensuring you get the information you need without damaging workplace relationships.
4. Not Gathering Enough Evidence
Many investigations fail because they rely on insufficient evidence. This could be because investigators don’t dig deep enough into the facts, overlook important documents, or fail to interview all relevant witnesses. Rushed or incomplete investigations can lead to incorrect conclusions and expose the business to legal risks.
How to avoid it:
Take the time to gather all available evidence, including physical documents, emails, messages, and witness testimonies. Review company policies to ensure all relevant procedures are being followed. AHR ensures a thorough and comprehensive investigation by collecting all necessary information and leaving no stone unturned.
5. Breaching Confidentiality
Maintaining confidentiality is essential in workplace investigations, yet it is one of the most frequently overlooked aspects. Discussing details of the investigation with uninvolved parties or mishandling sensitive information can lead to workplace gossip, reputational harm, or even legal repercussions.
How to avoid it:
Make confidentiality a priority from the start. Only involve individuals who are necessary to the investigation and ensure that all participants understand the importance of keeping details private. AHR has strict confidentiality protocols in place, ensuring sensitive information is protected throughout the investigation.
6. Failing to Follow Workplace Policies and Laws
An investigation that doesn’t follow the company’s internal policies or applicable laws can be easily challenged. For example, not adhering to anti-discrimination laws, failing to provide a fair process, or ignoring workplace agreements can expose the business to claims of unfair treatment or legal non-compliance.
How to avoid it:
Familiarise yourself with both internal policies and relevant Australian workplace laws before beginning an investigation. Ensure that all steps of the investigation comply with these guidelines. AHR’s investigators have extensive knowledge of Australian employment law and can guide your business through the process to ensure compliance and fairness.
7. Not Documenting the Investigation Properly
Documentation is critical in workplace investigations, as it forms the basis of the final report and any decisions made. Incomplete or inaccurate records can weaken the investigation’s findings and make it difficult to defend decisions if the matter escalates to legal action.
How to avoid it:
Maintain detailed notes throughout the investigation. Record all interviews, evidence gathered, and steps taken. AHR provides detailed investigation reports, including thorough documentation of all evidence and findings, ensuring that your business has a solid record to rely on.
8. Inadequate Communication with Involved Parties
Failing to communicate properly with those involved in the investigation is another common mistake. Both the complainant and the respondent have a right to understand the investigation process, yet many businesses leave them in the dark. This can lead to frustration, mistrust, and potential legal challenges if either party feels they were treated unfairly.
How to avoid it:
Ensure that all parties are kept informed throughout the investigation. While maintaining confidentiality, communicate the steps of the investigation, expected timelines, and the outcome once the investigation is complete. AHR ensures open, transparent communication with all relevant parties, helping to build trust and confidence in the process.
How AHR Can Help You Avoid These Mistakes
Conducting a workplace investigation is a complex process that requires knowledge, expertise, and careful attention to detail. Many of the mistakes outlined above occur because businesses try to manage investigations internally without the necessary resources or experience. This can result in legal risks, damaged workplace culture, and unresolved issues.
Assurance HR (AHR) offers expert assistance with workplace investigations, ensuring that your business avoids these common pitfalls. Our experienced team of investigators brings impartiality, professionalism, and a deep understanding of Australian workplace laws to every investigation. From start to finish, we handle the entire process, giving you peace of mind that your investigation is conducted thoroughly, fairly, and within legal guidelines.
Don’t let mistakes in workplace investigations jeopardise your business. Let AHR provide the support you need to resolve issues quickly and effectively, ensuring a positive outcome for everyone involved.
