Investigating Employee Complaints
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The document serves as a guide for employers on how to handle employee complaints while ensuring procedural fairness. It outlines the steps for investigating complaints, including interviewing complainants and employees, collecting evidence, and maintaining confidentiality. Additionally, it emphasizes the importance of acting on provable facts and keeping thorough records during the investigation and termination processes.
Investigating Employee Complaints
- 1. INVESTIGATING EMPLOYEE COMPLAINTS A guide to handling complaints against employees without breaching their right to procedural fairness
- 2. When to investigate Employee lodges complaint about behaviour of another employee, such as: • Sexual harassment • Bullying • Defamation • Micro-management • Theft
- 3. Procedural fairness Employee is: • Informed of rights and obligations • Entitled to opportunity to present their side • Provided with sufficient resources • Given the opportunity to seek independent advice
- 4. Legally requires employer to conduct systematic and thorough investigation of: • Severity of the incident • Mitigating circumstances • Likelihood the behaviour will recur Procedural fairness
- 5. Interviewing the complainant First step is to interview the complainant to understand: • When • Where • How • Cause and effect
- 6. Respect procedural fairness by: • Informing employee of intention to investigate • Allowing employee to respond • Allowing for mitigating circumstances • Remaining unbiased Interviewing the employee
- 7. Timing • Prompt and thorough • Delay is unfair to the employee • Witness recollection becomes vague over time
- 8. • Only approach witnesses who you know can help you • Ensure the witness understands the matter is strictly confidential • Avoid ‘fishing expeditions’ Witnesses
- 9. The aim of the investigation • Did the event actually occur? • Was the accused employee involved? • Were there any mitigating circumstances?
- 10. Conducting the investigation • Collect the FACTS • Collect and examine ‘hard evidence’ • Explain in detail the allegations against the employee • Allow employee to respond or seek assistance from union delegate
- 11. • Schedule interview to inform accused of investigation outcome • Keep a record of complaint, investigation findings and final interview • Offer employee a witness After the investigation
- 12. After the investigation • Clearly outline the consequences of the behaviour recurring • Schedule follow-up interviews • Offer support services and allow time for there to be an effect
- 13. Keeping termination records If employment is terminated, keep record of: • Manner in which employee was terminated (notice, consent, summarily) • If notice was provided and how much • Name of the person who terminated employment
- 14. The bottom line Act on the basis of provable facts, not hearsay or suspicions, and be able to justify every action you take. Copyright © 2016 workplaceinfo.com.au/NSW Business Chamber (ABN 63 000 014 504). All rights reserved.
Editor's Notes
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