Investigating workplace misconduct

Allegations of inappropriate workplace conduct can take many forms, including sexual harassment, harassment, discrimination or bullying behaviours which can be very complex. The circumstances around such alleged conduct is rarely straight forward and determining fact from assumption or interpretation is difficult. Therefore, investigations into such allegations need to be conducted confidently, competently and compassionately to determine if the allegations are substantiated or not.

This course is designed to provide the participants with the knowledge and practical skills to conduct investigations in a manner which provides reliable findings. The principles of impartiality and natural justice permeate the course to ensure that the participants are cognisant at all times of their legal and ethical obligations in undertaking investigations.

• The role of the investigator
• Natural justice – what is it and how does it work in practice
• Preparation necessary to conduct an interview
• Interview skills
• Statement content
• Evidence to be collected
• Collateral materials
• Allegations
• Objective assessment of evidence
• Balance of probabilities
• Report writing

At the end of this course, participants will be able to:

• Determine if an investigation should be conducted
• Determine if they are the appropriate person to conduct the investigation
• Apply the principles of natural justice
• Identify evidence which may be available
• Collect and secure evidence
• Draft allegations
• Conduct investigation interviews
• Prepare statements
• Evaluate evidence using the appropriate legal standard (balance of probabilities)
• Write investigation reports