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. A fact is proven, on the balance of probabilities, if its existence is more probable than not, or if it is...
Workplace Investigations
Conducting Virtual Investigations During COVID-19
Following on from my previous article, if you have decided that it is appropriate in all the circumstances to conduct an investigation remotely, there are several further considerations to ensure that: The investigation is kept...
Workplace Investigations – Starting with the Scope: Learnings from Brett Kavanaugh
As reported by US national news media in recent days, “new misconduct allegations against the Supreme Court justice Brett Kavanaugh were known, yet not fully investigated by Congressional investigators or federal law enforcement personnel. The Senate Judiciary...
How to conduct a workplace bullying investigation – Tips and Traps – Part 4
In Part 1 of this series, I discussed the investigator's role and how to collect evidence. If you missed it, you can read that article here. In Part 2, I discussed dealing with the complainant, witnesses and respondent. If you missed it, you can read that...
How to conduct a workplace bullying investigation – Tips and Traps – Part 3
In Part 1 of this series, I discussed the investigator's role and how to collect evidence. If you missed it, you can read that article here. In Part 2, I discussed dealing with the complainant, witnesses and respondent. If you missed it, you can read that article...
How to conduct a workplace bullying investigation – Tips and Traps – Part 2
In Part 1 of this series, I discussed the investigator’s role and how to collect evidence. If you missed it, you can read that article here. In Part 2 I am going to discuss dealing with the complainant, witnesses and respondent. Dealing with the Complainant It often...
How to conduct a workplace bullying investigation – Tips and Traps – Part 1
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...