Working / Solutions
Investigation
The purpose of a workplace investigation is to establish the facts surrounding an allegation, or set of allegations, as outlined in a formal written complaint.
Due to their serious nature, workplace investigations must be thorough, impartial and objective and carried out in a serious, sensitive, fair and expeditious manner, with due respect for the rights of both the Complainant and the Respondent(s) to the complaint.
Investigations should be conducted in accordance with Terms of Reference and Ground Rules, and in line with statutory-based, best-practise procedures.
Conducting an Investigation
The role of the Investigator is to piece together information germane to the complaint through a process of search and analysis – relying on interviews, written submissions, relevant notes, statements, correspondence, diary entries and any other relevant information – and in line with the recognised, best-practice procedures, to ascertain, on a balance of probability, whether the allegations are founded.
Since 2004, Margaret, through Working Solutions, has both conducted and chaired formal, independent investigations into allegations of bullying and harassment and sexual harassment in the private, semi-state and public sectors. She has extensive experience in investigating complex, multi-issue complaints by and against personnel at all organisational levels, including senior management, CEO and Principal Officer level.
Her investigation reports clearly lay out the respective cases of the Complainant and the Respondent(s), the logic and rationale underpinning each assessment in the case and clearly substantiated findings in a cogent and balanced conclusion.
The procedure should provide that investigation of any complaint will be handled with fairness, sensitivity and with due respect for the rights of both the complainant and the alleged perpetrator.
The investigation should be, and be perceived as, independent and objective: to this end it is essential that the principles of natural justice be adhered to.
SI 208 of 2012 EE Act 1998:p23