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Termination without an investigation is risky

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HC Online | 29 Jul 2013, 12:00 AM Agree 0
How an employee is terminated can be a minefield, with many employers finding themselves before the Fair Work Commission because they got it wrong. In this first of a series on common employer mistakes, HC looks at terminating without a preceding investigation.
  • RivercityIR | 30 Jul 2013, 02:06 PM Agree 0
    First mistake is employers investigating complaints themselves. Whilst it is sometimes cost prohibitive, an employer needs to engage outside investigators to do it. Employers are naturally too close to staff, and in this instance, parents.
  • Judy | 30 Jul 2013, 04:46 PM Agree 0
    In my opinion it's not always necessary to involve external investigators. It depends what has allegedly occurred, who was allegedly involved and the seriousness of the alleged incident/issue. Detailed notes, a thorough investigative process and, as the article points out, providing all those involved with procedural fairness, natural justice and respect goes a long way to ensure the right outcome.
  • Joey | 31 Jul 2013, 03:41 PM Agree 0
    I agree with Judy, it is not necessary for employers to use outside investigators evertime there is a complaint. Investigation skills should reside within the organisation.
  • The HR Investigator | 01 Aug 2013, 03:00 PM Agree 0
    The employer definitely is entitled to conduct a workplace investigation itself. Those performing HR functions within an organisation need to have the skills to conduct workplace investigations. It is an essential HR skill. Only in exceptional circumstances would it be necessary to engage an outside investigator.
  • Fiona | 01 Aug 2013, 03:27 PM Agree 0
    I believe workplace investigations should be conducted by the employer, except in rare circumstances.
  • Linda | 03 Aug 2013, 03:51 PM Agree 0
    While many employers can, do and should conduct many workplace investigations, external investigators should be called in when the organisation does not have the necessary skills to conduct an investigation, or the investigation is likely to be a complex one, beyond the skill set of staff investigators. Or there may be issues about impartiality or actual or perceived conflict of interest that may influence the decision to use an external investigator.
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