Case study

Complaints of workplace bullying or harassment

The opportunity

Independent workplace investigation

Typically this begins with a complaint to HR or people of capacity, around the area of workplace bullying or harassment. There appears, to the employer, a prima facie case of possible serious professional misconduct that needs to be answered. The employer is in a position where they are needing sufficient information to evaluate whether the complaint has substance. This could be investigated internally or more typically through an independent investigator in the interests of an unbiased process.

Farsight's approach

From here Jonathan enters to get the brief, obtain the terms of reference, and run the process according to the principles of natural justice - that the process and approach applied is fair and free from bias. Providing time and opportunity for an individual’s story to be heard and submitted evidence considered, whether from a complainant or respondent, is an important part of any investigation process. “So it's about ensuring the employer has a robust process with an independent perspective and an understanding of the relevant aspects of law in order to reach a conclusion,” Jonathan says. “A matter may involve a significant breach of policy or expected conduct, or may be the result of other factors that have led to the allegations made. Personality clashes and misunderstandings may be at the heart of it, poor systems of organising work, or entrenched views and hurt from accumulated experiences. Whatever the cause, an investigations’ findings and recommendations give an employer a clear mandate to move forward in some capacity.”

The result

“For my client, it's about shifting something that is stuck,” Jonathan says. This allows employers to decide whether to take an employee through a disciplinary process or not. If so, why, and if not, why. It adds clarity to complex situations and enables companies and HR departments to free themselves and move forward.” The information involved can be challenging and complex, and the skills of a psychologist in analysing that data and providing a safe and independent space to disclose and share experience is an important part of the process.

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