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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

Bullying: I've Been Talking to HR but Nothing's Happening

Harriet Witchell - Wednesday, May 24, 2017

If you have been the victim of bullying, the HR department in your organisation is generally the first port of call for raising your concerns. 

It can be mentally or emotionally challenging to make a complaint to HR. You may feel exposed or vulnerable because you are concerned that your complaint may not be believed, or that the person about whom you have made a complaint has been told that you have "dobbed" on them.

Depending on the nature of your complaint, or the relationship of the HR personnel with the person or people about whom the complaint has been made, you may have concerns that a workplace investigation will not be conducted thoroughly or your grievance not taken seriously. In any event, your working life can become very uncertain after you have made a complaint to HR. 

Taking a company issue to the HR team can also be a lengthy process, and it may feel like nothing is happening as time ticks by. But it's important to remember that much of the HR investigation will be taking place without you being directly aware of it. 

Here is a brief look at how the process works.

The First Step

After you have aired your grievance, it's important to try and remain focused and perform your job to the best of your ability. If you feel you are unable to do so, it may be best to take a few days off work on sick leave until you feel stronger, and better able to approach your tasks or face your co-workers.    

The Complaint Process

There are certain steps which a diligent HR team must follow once a complaint has been brought to their attention. Initially, the complaint must be assessed. 

Next, the HR department will meet with relevant senior staff, who must make a decision as to what the appropriate follow-up actions will be.

Depending on the severity of the alleged behaviour, this may involve HR having a quiet word to the other person or the initiation of formal disciplinary proceedings. The latter is more likely to be the case if the person being complained about is already being performance-managed in relation to prior issues. 

Be aware that it may well take HR a week or even longer to finalise the preliminary investigation process, and make and communicate a decision on the best way forward. 

Privacy obligations to the other employees involved may also mean that you are not entitled to know the full details of what further action will be taken.

What Can HR Tell You?

At a minimum, HR is required to advise you of: 

  • The fact that it has received your complaint, is taking it seriously and is conducting appropriate levels of investigation. 
  • What Employee Assistance Programs are available. 
  • Who the liaison person for these programs is (if your organisation has one) and how to contact them. 

What If There Is A Formal Workplace Investigation?

For serious complaints, your company may engage the services of a third party workplace investigator. 

If this occurs, then you are entitled to: 

  • Be one of the first people interviewed if a detailed investigation is commenced. 
  • Receive a copy of your interview transcript or detailed statement, which you should sign if you agree that it is an accurate record of what you told HR

If your complaint is sufficiently serious, then the respondent facing your allegations will be advised of the exact complaints against them. Although they are also likely to be interviewed, you are not entitled to a copy of their transcript or statement. If you are concerned about any bias, however, be aware that their interview will be recorded.

Once these steps have been finalised, the investigator will draft a report for the review and consideration of the HR department. That report (hopefully completed within a timeframe of less than three weeks) will then be provided to the relevant decision-makers within your organisation for a final determination. 

You will generally be advised that the investigation has been completed, what the findings are, and of any further action steps as they concern you. But in most cases, you will not be specifically advised of any punishment to be meted out to the respondent. 

Be Prepared For Workplace Changes

If your complaint is serious, you may be asked to move or transfer offices or departments. This is not a punishment, but is designed to ensure that your wellbeing is protected, generally by reducing the likelihood of any contact occurring between you and the respondent. 

Try not to respond by being offended or otherwise feeling indignant. All businesses, regardless of their size, have legal obligations to all employees. Your employer cannot simply fire workers who have issues with other employees, and other considerations may mean that the respondent cannot be moved. Bear in mind that your organisation is simply trying to find the best outcome for all concerned. 

If you are nervous about making a complaint or otherwise wish to obtain guidance on how whistleblowers should be dealt with, contact WISE Workplace today for detailed assistance with all aspects of the workplace investigation process.  

Her Word Against His – Detecting Lies in Interviews

Harriet Witchell - Wednesday, May 17, 2017

One of the most challenging aspects for employers attempting to deal with workplace bullying or misconduct is getting to the truth of allegations, especially in circumstances where the apparent victim's version of events contradicts that of the alleged bully.

Most of the time, this disparity can be put down to differences of opinion or misinterpretation of intentions.

For example, the accused bully may have simply felt that they were performance-managing their subordinate, whereas the victim may have felt denigrated and abused. A purported victim may consider themselves to be the target of sexual harassment, while the accused bully may have simply wanted to ask them out for a friendly coffee.

But occasionally, for whatever reason, apparent victims of bullying tell lies in the interview process and make false accusations of bullying. This could be because they dislike the alleged bully, believe the "bully" should be dealt with by management or simply because they have embellished their story and feel that they need to stick with it now that a complaint has been made.

Regardless of the myriad reasons why a victim may lie during an investigative interview, how should this be dealt with by an employer?

Guarding against bias

Although it is natural to sympathise with a purported victim, and perhaps unconsciously believe their version of events over that put forward by the alleged perpetrator, the most important function of a workplace investigator is to establish the truth surrounding the allegations.

It is therefore imperative that any preferential bias in favour of the apparent victim is removed. If you do not feel that you can adequately perform an interview without such bias, whether because of your relationship with the victim/bully or because you can personally relate to the allegations of bullying, ensure that another person is tasked with conducting the interviews.

Picking up verbal and non-verbal cues

Once the claimed victim is participating in the interview process, ensure that you are observing any cues which may indicate that they are not telling the truth. These could include:

  • Overly elaborate stories and excessive irrelevant detail, suggesting an invented story,
  • Gestures and words not matching each other in context, implying that the words have been rehearsed.
  • Whether the story makes sense – is it even plausible that the allegations being made against the bully could be true?
  • A lack of consistency – is the interviewee telling the same story each time or are details changing?

Of course, these can be subjective indicators. It is important to tread carefully when deciding whether a victim is lying about their version of events: making an unfounded and inaccurate accusation can cause even greater distress to an innocent victim.

In this regard it can be helpful to have another person sit in on the interview with you, so that they can provide their own opinion on whether the version of events being provided is accurate, and temper your initial reactions.

The need for corroborating evidence

Once the alleged victim has provided their version of events and it is apparent that this contradicts that of the claimed bully, it is essential to seek corroborating evidence to either prove or disprove the victim's story.

In addition to speaking with third party witnesses, such as other staff members at work at the time of the alleged incident, this could include evidence such as reviewing CCTV footage, checking personnel files for prior complaints or even performing basic checks such as making sure that both employees involved in the complaint were even working together at the relevant time.

Conducting a workplace investigation is a complex task, often requiring specialist knowledge and experience. WISE Workplace can assist with conducting interviews if you wish to safeguard the investigation process by avoiding any allegations of bias or favouritism, or are otherwise concerned that the interviewee may not give the full version of events. Please feel free to contact us for more information.

Child Sexual Exploitation & Trafficking Conference Insights

Harriet Witchell - Wednesday, May 10, 2017

A wrap-up of the Children, Justice and Communication Conference at Portsmouth University, May 2017.  Last week, I had the privilege of attending the Children, Justice and Communication Conference at Portsmouth in the UK.  The conference is hosted by some of the world’s leading academics and practitioners working in the areas of child sexual exploitation, trafficking, child abuse, incest and more.  

Opened by Professor Ray Bull, the conference featured the work of Professor Becky Milne, Dr Julie Cherryman, Dr Lucy Akehurst and Professor Penny Cooper to name but a few. 

The audience, mostly police officers from the UK, represent those forward-thinking agencies and officers who want to make a change for the good and tackle some of the most challenging crimes. The number of police officers with higher research degrees is particularly impressive, and is having a massive impact on the quality of policing not only in Britain, but around the world.

Tackling challenging issues across the globe

Some of the issues covered on the first day included the conundrum of obtaining evidence from teenagers who have been exploited and trafficked but consider their actions to be consensual and complicit in the activities. How do we empower these individuals to become witnesses rather than to take on the persona of victim? 


Dr Brian Chappel, a senior police intelligence expert, spoke of the use of juveniles as critical intelligence sources necessary to infiltrate youth gangs. Interestingly, his research showed that the 10 informants who participated in his study were themselves free from any police intervention up to a year later. 


Dr Shaleve-Greene addressed the issues for agencies in handling or identifying the 10,000 unaccompanied migrant minors that go missing across Europe every year. This was another statistic to get my head around – this number reflects only those we know about who are missing and vulnerable to traffickers and exploitation. There are also tremendous challenges to local safeguarding children boards, such as the one operating in Kent on the south coast of Britain. 


Dr Sue Gower spoke about the services and educational needs of their staff when they take on responsibility for the children from their own county, a similar number from neighbouring counties, and then double the number to account for the unaccompanied immigrant minors arriving from Europe. 

How intermediaries are working successfully overseas

Professor Penny Cooper hosted a panel of experts who presented on a range of issues connected to the use of intermediaries who support and assist children and vulnerable adults to communicate with police, and courts. 


The NSW Department of Justice is currently trialling the use of intermediaries, so it was great to hear the many ingenious and fantastic ways these experts have of working with children to help them communicate. Convictions have been secured with the use of evidence from children as young as three-years-old. These presentations also addressed the increasingly common needs of children with autism spectrum disorder. 


As practitioners, it’s so important to stick our heads above the partition wall and have a look at the fantastic work going on around the world. 


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