How to say “thats not cool” to your boss
The Respect@Work Amendment Act is making sure workers are protected and empowered to address unlawful sexual harassment in the workplace. Here's what you need to do make sure you're compliant.
A workplace investigation can be a challenging experience, and by its very nature often requires delving into sensitive matters with employees. Employees might hold valid concerns that the process could affect their reputation, their career or their standing with colleagues if the matter isn’t handled correctly. Of course, employees have a legal right to have their personal information kept private. So how can you ensure that the privacy of each involved employee can be protected and respected throughout a workplace investigation?
Every workplace investigation should undergo the correct process. The first step is to set expectations as every workplace investigation commences, by instructing all parties that the investigation is to be treated confidentially within the organisation. This should be done through the documentation provided to the parties and at the beginning of the recorded interview. The only exceptions might include where the employee wishes to speak with their counsellor or therapist ,to consult with their industrial advocate / legal adviser or support person.
Working to understand the truth of a matter can require a certain amount of tactful questioning, but there is always a line where investigation-related matters can cross over into personal matters. It’s vital to understand the limit of what you can and should not ask in the course of workplace investigations, so employees never need fear their personal information being leaked or shared.
Whether there’s been gossip circulating or you intend to make wider shifts to workplace policies, you may well at some stage address staff as a whole in the wake of a workplace investigation. It’s important to remember that when addressing the wider team that you speak in a general nature and keep any identifying features out of the conversation.
Using a third party provider for workplace investigations, such as PerformHR, can bring a sense of neutrality and impartiality to the process that might not be possible within a team. We ensure all interviews and details are recorded and reported confidentially, and your organisation will have the full choice of whether all or part of the final report should be shared with other parties.
Workplace investigations and confidentiality should go hand in hand. PerformHR can provide one-off or ongoing support for delicate workplace matters, providing expert services to conduct your workplace investigation accurately and lawfully with detailed reporting. Importantly, we also offer an optional report that addresses the root cause of issues that may have led to the complaint, which can help you optimise your workplace policies and procedures. To get started, contact our local team in your area today.
“employees have a legal right to have their personal information kept private”
Everything you need to know.
The Respect@Work Amendment Act is making sure workers are protected and empowered to address unlawful sexual harassment in the workplace. Here's what you need to do make sure you're compliant.
At PerformHR we understand the importance of creating a workplace that prioritizes employee wellness and we know the benefits of it!
Managing workplace investigation issues relies on ensuring your processes are founded on procedural fairness.
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