How an independent workplace investigation resolves bullying and sexual harassment complaints.
Case Study
XYZ Tech, a medium-sized IT company, faced increasing complaints from staff about a toxic work environment. Issues included bullying, sexual harassment, and poor team dynamics within one department.
Employees were concerned that HR was not impartial and feared retaliation if they reported these issues. Adding to the complexity, a whistleblower complaint alleged that a senior manager had created a hostile workplace.
The internal HR team struggled with the situation, leading leadership to realise the need for an independent workplace investigation to ensure a fair and unbiased review.
Action
Engaging an Independent HR and ER Specialist.
To address these concerns, XYZ Tech hired an experienced HR and Employment Relations (ER) specialist for an independent investigation. The external investigator used the standard of proof (balance of probabilities) and documented all interviews meticulously, collecting statements from the complainant, the accused, and various witnesses.
Choosing a neutral investigator removed internal bias and criticism of HR, allowing the investigator to examine the toxic leadership dynamics and bullying allegations without organisational pressures.
Findings
Uncovering Bullying and Sexual Harassment.
The investigation revealed significant issues, including consistent bullying by a senior manager and conduct that matched the sexual harassment claims. The whistleblower complaint further exposed that management had ignored multiple instances of misconduct, exacerbating the toxic culture.
The independent investigator provided a comprehensive, well-documented report detailing the findings. This report included evidence supporting the harassment and bullying claims and recommended specific actions such as dismissing the senior manager and implementing a workplace culture improvement plan.
Outcome
Implementing Solutions and Protecting the Company.
In response to the investigation’s findings, XYZ Tech swiftly dismissed the senior manager and introduced new policies and training to promote a healthier work environment. The thorough report proved crucial in defending the company against subsequent unfair dismissal claims and litigation.
By opting for an independent HR and ER specialist rather than an employment lawyer, XYZ Tech received practical, cost-effective solutions. The independent approach facilitated a swift resolution without incurring excessive legal fees.
Key Points:
- Removal of Internal Bias: Ensured fairness and built trust among employees.
- Well-Documented Report: Provided robust protection in legal proceedings and demonstrated thoroughness in addressing issues.
- Cost-Effective Solutions: An HR and ER specialist offered pragmatic solutions, focusing on resolving issues efficiently rather than just legal compliance.
- Appropriate Standards of Proof: Ensured a legally sound investigation, with awareness of the reverse onus of proof contributing to a thorough process.
This case study underscores the value of independent workplace investigations in resolving serious issues such as sexual harassment, bullying, and whistleblower complaints. By providing an unbiased, thorough review, companies can address problems effectively and protect themselves from potential legal challenges.
Assistance with the workplace investigations process
If your organisation is facing workplace investigation claim 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