WHS legislation case study.
Best Practices in Workplace Investigations and Compliance with Australian Safety Laws.
Client Overview: Implementing Updated Workplace Policies
A mid-sized Australian company recently launched updated policies addressing discrimination, harassment, and new psychosocial risk safety laws under Australian Work Health and Safety (WHS) legislation. These updates were made to foster a more inclusive, supportive workplace and ensure compliance with the latest regulations concerning psychological health in the workplace.
The Incident: Handling a Complaint Involving Senior Management
Shortly after the policy updates, the company received a formal complaint alleging harassment involving a senior manager. Faced with the option of handling the complaint internally or seeking external assistance, the company opted to engage an external HR consultant and workplace investigator. Given the involvement of senior leadership, an impartial investigation was critical to demonstrate fairness and transparency.
Impartial workplace investigations by engaging an external HR consultant.
The company’s decision to hire an external HR consultant and independent investigator ensured that the complaint was handled without bias. This approach provided the following key benefits:
- Policy Alignment: The external team reviewed the company’s newly updated discrimination and harassment policies and ensured the investigation aligned with both internal standards and Australian psychosocial safety laws.
- Fair and Transparent Process: With a senior manager involved, it was essential to maintain fairness and prevent any internal conflicts of interest. Using an external investigator demonstrated to employees that all complaints, regardless of rank, are treated with equal seriousness.
- Maintaining Confidentiality: The investigation process prioritised the confidentiality of all parties involved, reinforcing the company’s commitment to protecting employee privacy.
A cost-effective solution: HR consultants and ER specialists vs employment lawyers.
In situations like this, companies often assume they need to hire an employment lawyer to handle workplace investigations. However, the company opted for a more practical and cost-effective solution by engaging HR consultants and ER specialists. Here’s why this approach can be beneficial:
- Specialised Expertise: HR consultants and ER specialists have a deep understanding of workplace investigations, discrimination, and psychosocial risks, ensuring they offer specialised guidance on these issues without needing legal intervention.
- Cost-Efficient: While employment lawyers can be expensive, HR consultants provide economical alternatives that deliver results within the budget while maintaining compliance with employment law.
- Practical Business Solutions: HR and ER specialists focus on practical resolutions that address workplace issues quickly and efficiently, helping companies avoid lengthy legal disputes while still adhering to policy and legal standards.
- Broader Support: Beyond just investigations, HR consultants assist with the rollout of updated policies and the management of psychosocial risks, offering a more comprehensive solution than a lawyer might provide.
By choosing HR consultants, the company was able to resolve the issue swiftly and maintain a fair, legally compliant investigation without the high costs associated with hiring lawyers.
Further reading: ER specialist vs employment lawyer »
Complying with Psychosocial Risk Safety Laws in Australia.
With the rise of psychosocial risks in Australian workplaces, the company took proactive steps to meet WHS obligations by focusing on psychological health. The external investigators ensured the company was in full compliance with these laws by addressing both the psychological impact of the harassment claim and broader workplace safety standards.
Key Outcomes: Building Trust and Legal Compliance.
The company achieved several key outcomes by engaging external experts for the investigation:
- Trust and Employee Confidence: Outsourcing the investigation reinforced the company’s commitment to transparency, building employee trust in the company’s commitment to a safe and fair workplace.
- Compliance with Updated Australian Safety Laws: The investigation process ensured that the company adhered to new Australian safety laws, particularly in managing psychosocial risks and supporting mental well-being.
- Promoting a Positive Workplace Culture: By handling the complaint swiftly and impartially, the company demonstrated a zero-tolerance approach to discrimination and harassment, reinforcing its commitment to creating a positive workplace culture.
Best practices in workplace investigations and psychosocial risk management.
This case highlights the importance of conducting impartial workplace investigations and adhering to psychosocial risk management regulations in Australia. By engaging external HR consultants and investigators, the company ensured full compliance with Australian safety laws, while fostering a culture of transparency, fairness, and mental well-being in the workplace.
Using HR consultants and ER specialists not only offers a more cost-effective solution but also provides a practical approach that ensures compliance with policies and supports broader workplace safety initiatives.
Speak to a WHS advisor for advice
If your organisation is facing workplace harassment claims or if you want to ensure you’re prepared to handle these situations properly, it’s essential to seek expert guidance.
David Haydon is highly experienced in conducting impartial workplace investigations and advising organisations on best practices. He can be contacted directly for advice and support regarding workplace bullying and harassment claims.
David is an employment relations specialist, highly experienced workplace investigator and independent HR consultant. David works with clients Australia-wide.
David Haydon
Employment Relations Specialist, Workplace Investigator and HR Consultant