It can be quite hard to deal with a workplace investigation, and things become worse when your employer looks to find facts without your knowledge. You may be at risk of being falsely accused or even getting terminated. Though your employer has the right to conduct these businesses in a specific manner. You also have specific rights as an employer.
Australian employers usually have the right to discover, investigate and handle any kind of workplace grievances. They mostly depend on investigations to understand the truth of the situation. Before workplace investigation lawyers are hired, read the guide below to learn if it is possible to get investigated in your workplace without having any knowledge.
Procedural Fairness: An Important Thing in a Workplace Investigation
You will find in several companies in Australia that investigations are being held due to various reasons. In any workplace investigation, procedural fairness means providing an employee with a fair chance to put up a solid defence for themselves. This is when an employee is in the face of accusation before any big action is taken.
The thing that it indicates is that the employer will inform the accused employee and also offer them a chance to prepare their defence before the case is solved or they are dismissed. Any investigation must adopt fairness in the process if the employer does not want to be troubled in the future.
The investigation process can follow a democratic approach. Which will provide room for both the alleged offender and offended parties for both to share their stories. Procedural fairness is not going to be concerned with the final decision that arrives at the end of a workplace investigation. It is only interested in all the processes that are followed throughout the investigation to ensure that they are fair.
The fair work commission of Australia says that to ensure that you follow procedural fairness in considering a dismissal. Specific things must be done. Here are some of the things that we have discussed:
- You have to provide the employee with a proper warning (mostly in writing), and when you do so. You must advise the employee that unless they look to enhance their attitude or their performance, their employment will be at risk.
- You must offer the employee sufficient time to enhance themselves and also provide them with support, training and also the chance to develop their skills further.
- You must ensure that the employee takes a look at their problems and also the aftermaths in proper detail.
- You have to give your employee a proper opportunity to respond to your reasons for terminating their employment.
- This can also allow the employee to have a supporting individual with them present at any meetings regarding their possible dismissal.
- You must also ensure that you and any other individual making the decision is unbiased.
Why Can You Be Investigated at a Workplace Without Your Knowledge?
Before there are any workplace investigations in Perth, in your workplace, know that the workplace is dynamic and the misconduct of specific employees may lead to an investigation. Your employee may choose to investigate you secretly if they believe:
- There are sound reasons to believe you can tamper or alter the evidence and disrupt the investigation process.
- They think that as an employee, you can tip off important witnesses and can also influence their testimony.
- They also desire to observe such employees closely to search for specific truths.
- They also desire to keep the case confidential from all parties involved to avoid employees being irritated.
- They are currently investigating an employee in their workplace for fraud or illegal deeds. They also think that such an individual may leave the workplace before the investigation is completed.
What Are Some Things To Do When You Are Investigated Secretly at Your Workplace?
Though being secretly investigated can be an unpleasant feeling, you must know how to conduct yourself in the workplace. Some of the tips are as follows:
- You must stay alert and calm: If you think you are being watched or under a secret investigation in your workplace, you must not panic. You must ensure to stay alert and even remain calm if you are feeling uncomfortable with the pace of your employer. When you stay nervous or antsy. It will seem like you are guilty and will influence the overall decision when alerted. You can figure out the changes in either the attitude of your coworker or employer towards you and prepare for that.
- You can study the employee handbook: The rights and obligations of both the employee and the employer are written in the employee manual. The procedure for workplace investigation will also be there and can guide you in making the right decision. When you study the content of this manual, You will ensure to go through the right channels for your company. You can also find out if you can get some representation from outside the company in such circumstances.
- Collect all the evidence you can: To avoid being misinterpreted and improperly accused, you must collect all the evidence you can. Before you take the help of the best Employment Lawyers in Perth. It is advised that you collect all the evidence early on. You must understand the main investigation cause and prepare for your defence.
If you feel that your employer is investigating your case secretly. It may be because you do not want the evidence to be tampered with. You must choose not to interfere in the available evidence; you should only focus on collecting the information to prove that you are innocent in this case.
- You can talk to your HR or employer
It may be overwhelming for you to find out that you are being investigated secretly. You can choose not to live in doubt and directly speak to your HR manager or employer. Meet them and let them know what you are concerned with.
But if they want to continue keeping the case confidential. You must acquire some vital information as to why you are being investigated. It can also help reassure you whether your assumption is false or assure you if it is true.
- You must speak to an expert
You must have proper legal representation whether you are secretly investigated or not. Workplace investigation can be tricky and hard for you to navigate with good guidance. You must seek the help of an expert workplace advisor. Who can assess your current situation and can provide you with proper counselling?
The result of any secret investigation will be the firing of an employee from work. If you feel that you were unfairly fired. You can opt for legal representation with the help of top lawyers in your area. This will make it a lot easier for you to file an unfair dismissal claim.
If you feel you are being secretly investigated in a workplace, you must stay calm and not panic. You can read the guide above to learn some valuable tips in such a situation. You can also contact employment lawyers in Perth who can help you in this process. They can ensure that you can file a wrongful dismissal claim from the workplace.