How to Investigate a Bullying Claim

Workplace bullying is a serious, and very real issue that requires attention and care to prevent and deal with any cases that may arise. Failure to implement procedures to prevent and address bullying in the workplace can put employers in danger of breaching OHS policies and the Fair Work Act.

Implementation of workplace policies is the first step in prevention of bullying; such policies should be thorough, and must outline the standard of behaviour expected of members of the workplace. 

Implementation of policies to all new and existing members of the workplace is crucial; they should be discussed in meetings and frequently submitted for review to guarantee functionality and effectiveness.

It is vital that an employer deals with issues of bullying at their immediate awareness as failure to do so can contribute to risk of health and safety in the workplace. 

Employers may look to either internal or external sources to investigate a bullying claim; regardless, it is important that the selected investigator is well trained, has a proper understanding of procedural fairness and any associated legal issues. External investigators are usually the go-to for a serious claim, where as an internal investigator may be more useful for more minor issues, or in cases that need to be dealt with more promptly.

Investigation should be used for:

•          Ongoing reports
•          In any case where a threat is involved
•          Cases where multiple employees have been reported
•          Where an informal, early intervention approach has not solved the issue.

An investigation needs to assess the issue and find a resolution. The appointed investigator should be neutral to both parties; they should determine what allegations will be tested and how the process will take place, including prospects to be interviewed and the overall timeline. Professionalism of the investigator is a must, as is objectivity in examinations, sufficient time allowance, consultation with relevant witnesses, informing all involved parties of possible investigation results and outcomes, fact based conclusions, set up of private hearings from all parties and documentation of facts.

To ensure fairness and efficiency of investigation it is crucial the respondent is made aware of

·         reports against them

·         investigation processes to be executed

·         possible consequences,

and:

·         has an opportunity to seek advice or representation

·         is provided with the opportunity to reply to complaints

·         is kept confidential and,

·         informed of how they may submit a review of the outcome.

The investigator must report on the accusations made, processes undertaken, evidence discovered including interviews and a conclusion of whether the case of bullying may be validated.

Further action should be taken if necessary, and outcomes should be communicated gently to the respondent. 

Contact Annette at End2End Business Solutions on (02) 8977 4002 for advice on establishing workplace policies and dealing with bullying claims for your business.