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Is there a “standard of proof” that applies to workplace investigations?
The answer is "yes". In Australia, the findings in a workplace investigation are made on the ‘balance of probabilities’, that is the civil standard of proof. But I frequently see this standard misconstrued or misapplied by workplace investigators, including lawyers...
Conducting Virtual Investigations
Sometimes it is more efficient and cost effective to conduct workplace investigation interviews remotely using video conferencing technology such Teams or Zoom and the use of remote interviews has become more commonplace since the Covid pandemic. If you have decided...
How to conduct a workplace bullying investigation – Tips and Traps
The Investigator’s Role The investigator’s role is simple – to get to the truth of the matter. It is not to prosecute the complaint and it is not to defend the respondent. Nor is it to be a mere mouthpiece of the employer or produce a result that might best suit...