Investigation

Workplace Investigation

Modern Mediation is a provider of workplace investigation services to organisations that are dealing with allegations of inappropriate workplace behaviour. We provide a range of investigation services, from dealing with informal complaints to significant and complex formal investigations.  We are experienced in dealing with complaints at operational to senior executive and board level, including liaising with unions involved in representing parties to a complaint. Modern Mediation can also review your internally conducted workplace investigations providing advice or recommendations. This service can help ensure internal workplace investigations are sound and will stand up to external testing

Modern Mediations process and approach ensures that obligations of procedural fairness and natural justice are met and the workplace investigation is likely to be upheld if subsequently tested externally.

Our workplace investigations are not limited to dealing with matters of evidence but also provide insight into underlying causes of the complaint such as lack of capability, cultural issues, systematic process failures and risky management styles. This assists organisations with understanding how the conflict developed and what risk control measures should be put in place.

The outcomes of all investigations are provided in a comprehensive report that includes making findings as to whether, on the balance of probabilities, the complaint has been made out.

When to initiate a Workplace Investigation

When a complaint is made about alleged harassment, bullying or discriminatory behaviour, an informal response is not appropriate. Employers can be held vicariously liable for harassment and bullying behaviour, so it is essential that a complaint be handled well.

Each workplace investigation is different, depending on the nature of the allegation and the organisation, and requires different approaches and methodologies.

When to use independent Workplace Investigations

Your organisation may need to initiate a workplace investigation if:

  • The matter could not be handled objectively if addressed internally, or the organisation does not have suitable skills or resources available
  • Your in-house HR person feels uncomfortable or unable to undertake the investigation process objectively
  • The investigation involves senior employees
  • The outcome of the investigation will probably be subject to external review
  • It is required of your organisation by a third party such as WorkCover, WorkSafe or an insurer.

Conducting Workplace Investigations

Workplace investigations conducted by Modern Mediation are fair, impartial, prompt and thorough and our independent workplace investigators are focused and sensitive throughout the investigation process.

We deliver our findings in a written report, which deals with evidentiary matters and provides insight into underlying causes such as lack of capability, culture, and management style.

Our Approach:

  • Clearly identify the allegations and clarify written Terms of Reference with the client;
  • Review all relevant organisational policies, procedures and codes of conduct, professional standards, relevant industrial instruments and employment contracts;
  • Identify and review material legislative obligations;
  • Make other inquiries to verify information put forward as fact including but not limited to the interviewing of the relevant individuals;
  • Obtain and evaluate advice from appropriately qualified experts on technical matters (if required);
  • Write a detailed investigation report making findings, as to whether, on the balance of possibilities, the allegations are made out to the required standard of proof. Optional services include recommendations on relevant management and systematic / operational issues and advice in cases of false, vexatious or misconceived allegations;
  • Provide a thorough debrief to the client on completion and/or other parties as directed by the client.

 

Benefits of Modern Mediations workplace investigations services:

  • We are impartial – we come to the process with a view free of the workplace’s prejudices, and with no relationship with the alleged parties
  • Risk minimisation – we can help your organisation to avoid unlawful or unfair dismissal action
  • We are experts in our field

Focussed Strategies - Restorative Outcomes

Our principal, Kerry Howard, is an Accredited Mediator NMAS and Psychologist

Kerry’s knowledge of human behaviour assists her to effectively conduct transformative mediation processes

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