{"id":3856,"date":"2014-05-20T14:00:12","date_gmt":"2014-05-20T04:00:12","guid":{"rendered":"https:\/\/www.wiseworkplacetraining.com.au\/2021\/09\/11\/why-do-the-rules-of-evidence-matter-in-workplace-investigations\/"},"modified":"2014-05-20T14:00:12","modified_gmt":"2014-05-20T04:00:12","slug":"why-do-the-rules-of-evidence-matter-in-workplace-investigations","status":"publish","type":"post","link":"https:\/\/www.wiseworkplace.com.au\/2014\/05\/why-do-the-rules-of-evidence-matter-in-workplace-investigations\/","title":{"rendered":"Why Do the Rules of Evidence Matter in Workplace Investigations"},"content":{"rendered":"<div>\n<div><img decoding=\"async\" src=\"https:\/\/wiseworkplace.com.au\/wp-content\/uploads\/2021\/09\/Rules-of-Evidence.png\" alt=\"\" \/><\/div>\n<p>&nbsp;<\/p>\n<p>The rules of evidence are a set of guidelines which are commonly used to decide what types of evidence are admissible in court and what can be used to prove or disprove an allegation. As workplace investigations do on occasion end up in court it\u2019s important that any evidence used to decide a claim is based on sound legal principles and will hold up if tested by the legal system.<\/p>\n<p>Terminating or otherwise penalising an employee or manager without adequate evidence can lead to very serious legal proceedings and extensive costs for your organisation. By ensuring that any investigations you undertake are compliant with legal considerations you have the best chance of protecting yourself as well as your employees or managers and ensuring a fair and reasonable outcome for everyone.<\/p>\n<h5>The importance of relevance<\/h5>\n<p>Relevance is a fundamental consideration when it comes to assessing the evidence for any investigation, whether it is a minor matter or something more complex. For evidence to comply with the rules and to be admissible in court there must be a logical connection between the facts which are at issue and the documentation or statements used to determine them.<\/p>\n<p>It can be easy to be swayed by irrelevant facts, especially if you have a personal relationship with the parties involved. If you are dealing with a manager or employee who is generally known as a \u2018difficult\u2019 person it can be hard not to let knowledge or information about previous unrelated behaviour affect your assessment of a particular incident which you may be investigating.<\/p>\n<h5>What happened vs what can be proved to have happened<\/h5>\n<p>When gathering evidence or deciding any workplace matter it\u2019s important to be aware that there is a difference between what happened and what can be proved to have happened. Even though something may be \u2018common knowledge\u2019 if there is no evidence to prove it, then according to the rules of evidence, it didn\u2019t happen.<\/p>\n<p>As an investigator it\u2019s essential not to confuse what \u2018everyone knows\u2019 happened with what can actually be proven and documented to have happened. This is where the evidence gathering part comes in. Any conclusions you come to at the end of your investigation need to be based on what can be proved to have happened, even if everyone knows this is not what actually happened. .<\/p>\n<p>Applying the principles of the rules of evidence to every investigation can help protect your organisation and safeguard your employees. .<\/p>\n<p>Written by Vince Scopelliti<\/p>\n<\/div>\n<p><\/p>\n<p class=\"wpss_copy\">Content retrieved from: <a href=\"http:\/\/www.wiseworkplace.com.au\/_blog\/WISE_Blog\/post\/why-do-the-rules-of-evidence-matter-in-workplace-investigations\/\" target=\"_blank\" rel=\"noopener\">http:\/\/www.wiseworkplace.com.au\/_blog\/WISE_Blog\/post\/why-do-the-rules-of-evidence-matter-in-workplace-investigations\/<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>&nbsp; The rules of evidence are a set of guidelines which are commonly used to decide what types of evidence are admissible in court and what can be used to prove or disprove an allegation. As workplace investigations do on occasion end up in court it\u2019s important that any evidence used to decide a claim [&#8230;]<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"wds_primary_category":0,"footnotes":""},"categories":[16],"tags":[126,108,91],"_links":{"self":[{"href":"https:\/\/www.wiseworkplace.com.au\/wp-json\/wp\/v2\/posts\/3856"}],"collection":[{"href":"https:\/\/www.wiseworkplace.com.au\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.wiseworkplace.com.au\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.wiseworkplace.com.au\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/www.wiseworkplace.com.au\/wp-json\/wp\/v2\/comments?post=3856"}],"version-history":[{"count":0,"href":"https:\/\/www.wiseworkplace.com.au\/wp-json\/wp\/v2\/posts\/3856\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.wiseworkplace.com.au\/wp-json\/wp\/v2\/media?parent=3856"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.wiseworkplace.com.au\/wp-json\/wp\/v2\/categories?post=3856"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.wiseworkplace.com.au\/wp-json\/wp\/v2\/tags?post=3856"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}