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WISE Workplace is a multidisciplinary organisation specialising in the management of workplace behaviour. We investigate matters of corporate and professional misconduct, resolve conflict through mediation and provide consultation services for developing effective people governance. 

Through the delivery of professional development opportunities and self published practitioner guides, we are the centre of excellence for the ongoing professionalisation of workplace investigations across Australia.

The Latest from the Blog

Counter Allegations - Who Did What When?

Vince Scopelliti - Wednesday, June 20, 2018

Experienced workplace investigators are well aware that when two or more people are in dispute, there will inevitably be differing perspectives on what 'the truth' might look like. Contentious workplace issues can often play out in a 'he said, she said' fashion, with one allegation being closely followed up by a second person's counter-allegation. Such complications should be dealt with in a fair, considered and methodical way.

Separate allegations made by opposing parties will ideally be dealt with in discrete stages by workplace investigators, with each being handled in accordance with its individual merits. And as evidence comes to light regarding one or more of the competing allegations, investigators should aim to assess and weigh each piece of information with utmost care and objectivity.

When two tribes go to war 

When a counter-allegation is initially made, it is important not to jump to conclusions regarding this development. It does not necessarily mean that the first complainant was misrepresenting events or indeed that the second complainant is somehow defensive, guilty or panicky. It is possible that both the original and the counter complaints are valid.

Let's take an example: perhaps she took his stapler and he wiped her hard-drive. Two complete denials on the same issue can require the workplace investigator to look more closely at the milieu of the counter-allegations. For instance, if two workers in a scuffle both identically calm that "I did nothing - she pushed me", an astute investigator will know that a pointed and methodical approach to the counter-allegations is certainly called for.

In each of these scenarios, both allegations should be investigated and dealt with separately. It can be tempting to create one big file entitled 'Stapler/hard-drive fiasco' or 'Smith and Jones stoush'. Yet clear delineations between people, events and timing will ensure that impartiality and clarity are maintained for the duration of the investigation and that the validity of each complaint is tested.

Seen and unseen allegationS

Very occasionally a workplace investigation involving counter-allegations will be easily settled. For example, the employee might not have been at work on the day that she allegedly stole the stapler - a simple mistake, evidenced by the work roster and now the complaint file can (on that issue at least) be finalised.

If only things were so simple... In most workplace situations, the investigator will need to step carefully through complex evidence attached to each allegation. Some events might be directly witnessed in a cut and dried way; Brown was in the kitchen with Smith and Jones on 7 December 2017 and can confidently say she saw Smith push Jones, who then walked away. Yet in many cases there are no witnesses to wrongdoing in the workplace and the 'he did/she did' scenario must be dealt with. 

Further clarification in many forms becomes the best way to methodically tease out the knots of knowledge. This might take the form of documentary evidence, circumstantial evidence such as presence at a meeting that day, or a contemporaneous report such as an OH&S report involving counter-complainants. A tidy pattern of good circumstantial evidence can at times provide the clarity needed in the face of vehement counter-allegations. The workplace investigator must carefully assess the quality, reliability and utility of such material, being sure not to make assumptions and/or factual errors along the way.

Hearsay - treading lightly on complex terrain

As with all areas of law and investigations, hearsay evidence can provide helpful insights in situations where nothing more concrete is available. Hearsay is generally words or things observed by an individual who was not directly present when an event occurred. In other words, it is a type of indirect evidence. A simple idea, but surprisingly difficult to manoeuvre successfully during investigations.

Great care is needed in these situations, as hearsay evidence is notorious for causing problems later in post-investigation proceedings. Employees may go home and talk openly to their spouse about distressing events. Or they stomp back to their desks, muttering to a colleague about 'the stapler thief'. Yet the spouse or the colleague cannot tell us much about what actually happened. They are a friendly ear - after the alleged event.

Such indirect evidence can be the least helpful in many cases. However, experienced investigators will know how to gather and utilise such material when more direct evidence is difficult to obtain.

Workplace allegations and motivations

It is not unheard of that rather ulterior motives can exist in a workplace allegation. When stories are not gelling, it is natural for the workplace investigator to think - what am I missing? Why would this person make this up? It is important to consider the possibility that rivalries, emotional issues and/or collusion might unfortunately form part of the mix that has motivated an internal complaint. While it does not pay to assume such a phenomenon, investigators should be aware that such dynamics can and do arise in the workplace.

In workplace investigations, we find that it is never simple. If you have an investigation that has 'blown' out, or you are reviewing cross and counter complaints and could use some professional assistance, then contact WISE today.

Managing Complaints - How To Find The Positive

Vince Scopelliti - Wednesday, June 13, 2018

When an employee complaint alleging workplace discrimination or harassment is lodged, it is usually seen as a negative moment in the life of the organisation.

However, it is possible for an employer to view this as a positive phenomenon, rather than a sign of complete failure. This is because well-handled complaints can illuminate hidden corporate weaknesses, as well as any lurking issues affecting staff morale or motivation. Such information can become a valuable catalyst for positive change across the broader business - a win-win for internal and external stakeholders alike.

Best-practice in complaints handling is dependent upon a structured complaints process that includes two key ingredients: the quality of investigation process and the structure of the complaints process itself.

1. A thorough high-quality workplace investigation is an essential tool in the management of internal complaints, including allegations of discrimination and harassment.

2. The structural framework of internal complaints policies and procedures will necessarily be clear, accessible and well-publicised. A well-managed complaint can be a good news story not only for the people involved, but for the broader success of the business.

INVESTIGATING DISCRIMINATION AND HARASSMENT 

When an employee complains that they have been the subject of discrimination or harassment, it is highly likely that there will be differing opinions and perspectives as to whether or not this is actually the case.

As a result, best-practice workplace investigation requires fair, open and even-handed treatment of all who are involved in the investigative process. Further, it is important for investigators to move at a reasonable and logical pace, first making preliminary enquiries before deciding on any next steps.

But what does a good investigation mean on the ground? One key concept is procedural fairness. This means that parties involved are equally able to access the process, to be heard in a substantive way and to be given a fair opportunity to understand and respond adequately to any claims made against them. Under procedural fairness parties have the right to an impartial decision-maker and to having a support person present during their interview. Professional investigators must be seen to be unbiased in every phase of the workplace investigation.

Added to this, a high-quality workplace investigation will ensure that all relevant and reliable evidence has been carefully obtained, anaylsed and included appropriately in the final report. There can be no room for short cuts or preferential treatment in workplace investigations.       

Robust complaints policies and procedures

Employers, investigators, complainants and witnesses alike should ideally all have access to a durable set of internal policies and procedures covering common areas of complaint.

A strong policy document detailing how and to whom to make a complaint should be accessible, user-friendly and up-to-date. The policy should also direct the reader to one or more procedures that need to be followed in the event that an alleged instance of harassment or discrimination has occurred. This is often a time of great stress, and instructions to complainants should be clear and helpful.

Internal policies and procedures that are complicated, badly written or tucked away in a dusty filing cabinet are of little-to-no assistance to the individual seeking to make a complaint.

This is why good investigations and good complaints policies go hand-in-hand: even the best investigator will struggle to keep things fair if complaints policies are convoluted or absent, or if procedures leading up to the investigation are sub-optimal.

Perhaps most importantly, managers and employees should be trained in practically accessing and using these documents, at all stages being assured that complaints are taken seriously and are indeed welcomed by the organisation.

Step by step pathways

A sound complaints process begins with employees first being made aware of a useable and fair pathway for their grievance. A good internal complaints system will work step-by-step through a logical process. This means initially providing clear and succinct information on the nature of common complaints, some definitions where appropriate, the bigger picture of the complaints process and - perhaps most importantly - who to speak with in the first instance about the particular concern.

An internal complaint is a golden opportunity for employers to gain important information about people and workplaces. For this reason, the internal complaints system should be presented in a simple, cordial and helpful format.

Problems arise every day that require the existence of an effective complaints and investigations pathway. Thankfully many complaints can be quickly and easily resolved. However, if you need to undertake investigations or a review of your HR policies, and want to ensure you are conducting it with best practice, our training is developed by investigators for investigators. Contact WISE today to find out more.

How to Deal with Bullying in Hospital Environments

Vince Scopelliti - Wednesday, June 06, 2018

Hospitals - very few people like them, yet many of us will be a resident at one time or another. Even though hospitals can be sources of great joy, places where babies are born, miracles happen and lives are saved, they also represent sickness, injury, death, and some pretty ordinary food! 

The people who work in them - the doctors, surgeons, nurses, aides, assistants, administrators and catering staff - perform difficult work in an extremely stressful environment. Imagine the potential consequences when the added stressor of workplace bullying is added to the mix.

Factors which facilitate bullying in this environment 

Hospitals and the healthcare sector remain a particularly hierarchical environment - carers need to get sign-off from nurses before passing out certain medications, nurses confirm recommended treatments with doctors, doctors and surgeons rely on their own pecking order. 

This hierarchy, and the importance of culture and following rules, automatically puts certain workers in a subordinate position relative to others.

Lateral violence, verbal, physical and psychological bullying among peers, can also be an issue in the health services. 

Combined with the stress of having to deal with time-critical emergencies, becoming involved in physically and mentally straining situations and dealing with the trauma of patients suffering, hospitals are the perfect breeding ground for hostility, anger and frustration.

Prevalence of bullying

Bullying in the healthcare sector is an under-recognised but pervasive problem. Hospitals often have scant or limited resources and staff are under significant pressure, which may contribute to the prevalence of workplace bullying.

The Australasian College for Emergency Medicine surveyed its members in 2017 and found 34% had experienced bullying, 16.1% had experienced harassment and just over six percent had been victims of sexual harassment. A landmark 2015 report commissioned by the Royal Australasian College of Surgeons showed that almost half of all surgeons had experienced bullying, discrimination or sexual harassment. 

The Victorian Auditor General Office, in its 2016 report to the Victorian Parliament, 'Bullying and Harassment in the Health Sector', stated 

"The Health Sector is unable to demonstrate that it has effective controls in place to prevent or reduce inappropriate behaviour, including bullying and harassment. Key controls that would effectively reduce this risk to employee health and safety are either inadequately implemented, missing or poorly coordinated." 

However, by its very nature, bullying in this type of workplace can be particularly difficult to detect and manage. 

Consequences of bullying

The potential consequences of bullying are significant. In addition to litigation arising from the bullying and costs associated with worker's compensation or other payouts, a number of issues can arise. These include:

  • High turnover amongst dissatisfied staff
  • Presenteeism - where staff turn up at work, but are unhappy or stressed and perform inadequately, which is particularly dangerous in a hospital environment. 
  • Increased absenteeism
  • A poorly functioning team environment that can adversely affect staff and patients.      

are there solutions to bullying in high-stress environments?  

Key strategies to help solve the problem include:

  • A focus on workplace culture, including by conducting regular cultural audits. 
  • Encouraging a 'mentor' or 'buddy' system (in consultation with unions where appropriate), or otherwise provide a supportive environment whereby staff are encouraged to vent or ask for assistance with any matters they are struggling with. 
  • Facilitating easy access for staff to obtain confidential counselling, or advice services. 
  • Fostering an environment where staff feel comfortable raising concerns and complaints with their peers and management.
  • Having clear zero tolerance policies regarding workplace bullying and harassment, which are easily accessible to all staff
  • Ensure that this zero tolerance policy, is demonstrated by senior management, so there is a top down recognition of adherence to the policy from all staff. 
  • Staff need to be regularly reminded of the consequences of any poor behaviour in the workplace and this should be reinforced during staff meetings.  

Bullying or harassment - in any workplace - is simply unacceptable. Many incidents of bullying or harassment may be unreported for fear of reprisals. All staff should be encouraged to report any incident. 

If your organisation needs any assistance in this area please contact WISE to arrange a no-obligation appointment or otherwise contact us to discuss how we may assist you. Our services include investigation, training, provision of a whistleblower facility (which can be tailored to suit your reporting needs), and review of policies

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