A workplace investigation can be a key aspect of managing inappropriate behaviour and the complaint handling process. However, conducting investigations is an ever-growing area of workplace risk and litigation as the conducting of a workplace investigation is one of the most complex HR tasks for any organisation and every investigation is different.
When they go wrong, they can do so spectacularly, from both a legal and a people-management perspective.
To ensure your Workplace Investigations are compliant and conducted with confidence. This training will give HR professionals the skills to develop and implement effective plans for conducting a compliant workplace investigation, the strategies to overcome difficulties along the way and the expertise to make findings of fact and subsequent recommendations.
This hands-on and practical one-day workshop will give you skills, knowledge and understanding around:
- Formal vs informal processes for managing bullying, harassment and discrimination, and misconduct
- The pros and cons of conducting a workplace investigation
- The difference between “internal”, “external” and “independent” investigations
- How to conduct a workplace investigation, including:
- Immediate actions to take after deciding to proceed with an investigation
- Planning and conducting interviews with the complainant, witnesses & respondents leveraging the power of language (eg. using open and closed questions, neutral language and body language)
- Developing and implementing effective plans for conducting a compliant workplace investigation
- Articulating and demonstrating the four key principles of a workplace investigation (confidentiality, procedural fairness, natural justice and timeliness)
- Creating a concise allegation set that will assist in making findings of fact based on the balance of probabilities.
- Preparing structured written reports that support the Investigation process and findings of fact
- Legal risks
- Considerations when providing recommendations
- Additional matters and legal risks to consider before, during and after a workplace investigation, including stakeholder management
- Dealing with difficulties (e.g. Complainant withdrawal, refusal to participate, collaboration, anonymous complaints etc.)
- Mock investigation to practically apply investigation skills
Training Course Duration
1 Day (9:00 am – 5:00 pm)
It is imperative that HR professionals understand when workplace investigations are required and how to conduct them. Getting it wrong can give rise to a multitude of legal and commercial risks, including unfair dismissal, general protections or WorkCover stress claims.
Developed and delivered by Dan Feldman, Managing Partner of HR Legal and Tony Fell, Director of The Zalt Group; who regularly conduct workplace investigations, this training provides a unique learning experience for HR Professionals or managers who may be required to conduct workplace investigations.
We use handouts, case studies and allow time for questions and problem solving to ensure participants gain practical knowledge.
HR Legal Offices, 2/32 Garden Street, South Yarra, 3141