How can you conduct fair investigations with multiple parties?

Fairness and consistency establishes the credibility of the process. I have experienced that in some organisations where indiscipline gets support of the unions the domestic enquiry process itself is questioned by the union. They look upon Enquiry Officer as a member of management team who is ought to be biased and keep on interfering and pressurising the EO, MR and witnesses. The enquiry report is not accepted despite being fair and transparent and is questioned and protested.

Many HR practitioners get tripped up by taking an approach of gathering information to “prove the allegations”. That scope exposes the business to challenge that the findings were not fair, objective or were otherwise affected by confirmation bias. A workplace investigation should normally be approached in the first instance as finding out “what actually happened” rather than seeking out evidence to confirm whether a specific thing did or didn’t happen.

Complication comes in, only if an inquiry officer will be carrying a biased opinion. Principal of natural justice if followed in its true spirit, everything around Domestic inquiry will get addressed. Be fair, act neutral.

Setting the tone by defining the scope and purpose in an investigation is the first step to establishing a transparent process for multiparty investigations. It gives everyone an understanding of the context and parameters of the investigation, establishing procedural fairness and credibility in the process.

When it comes to multiparty investigations, it's important to give all parties a fair opportunity to provide their account of events and provide both testimonial and documentary evidence. It's also important to consider all relevant evidence in your findings and analysis.

I describe employee relations as finding your way through a room full of mousetraps. A standard process is like a safe pathway that's been mapped out in advance. If you have to deviate from that path or exercise judgment, it helps to know what each mousetrap looks like, where it is, how big it is, and what triggers it. This is what it means to understand the legal framework for a fair workplace investigation, especially in Australia where fairness is judged at law and not by feel.

When conducting investigations it is important to hold fact-finding to the highest virtue above all. As an investigator your role is to conduct unbiased factual reporting. The details of the investigation will tell the story in the way it is intended. Holding this virtue near and dear, allows us to develop and maintain credibility that transparent across the board regardless of organization, party, or affiliation.

Open communication helps to establish trust, build credibility and protect the integrity of the process. Keeping parties in the loop ensures that they are aware that concerns are taken seriously, and their participation in the investigation is valued.

A clear and concise report gives parties an understanding of the findings and conclusions, serves as an accountability tool and facilitates informed decision-making. Additionally, a well-structured report enhances transparency by providing a comprehensive overview of the relevant information, ensuring that stakeholders are equipped with the necessary details to assess the situation objectively. This transparency fosters trust among parties involved and promotes a culture of openness.

Fair investigations with multiple parties require a neutral approach, clear parameters, unbiased questioning and objective evidence gathering. Treat all parties with respect and maintain confidentiality. Consider diverse perspectives and involve impartial decision-makers.