Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
3 Cards in this Set
- Front
- Back
|
Investigating a complaint |
Setting up the investigation When to investigate.
Once a complaint has been filed, it typically proceeds to the investigation stage. Unless mediation has been requested. It's usually recommended that all complaints are investigated to protect the rights of everyone involved.
* There are several situation when it is acceptable to choose not to proceed with full investigation. 1. If a compliant is made years after the event. 2. If a complaint ( even if it were true) was not harassment 3. A compliant that has been clearly made to embarrass, annoyed or cause difficulty for the respondent.
Before choosing not to investigate, the investigator must at least do a preliminary review to ensure all the above mentioned are met. ( It's probably a good idea to seek legal help).
Choosing the investigator It's suggested that the human resources department identify a pool of competent investigators across the company.
An investigator should have these qualities 1. Competent 2. Fair minded 3. Reputation for integrity 4. Attention to details 5. Capable of documenting facts and preparing report. 6. Good interviewing skills 7. Thorough knowledge of harassment issues, procedures and law 8. Familiar with organisation policies and procedure. 9. Experience in investigating employee complaint.
The investigation plan * Background of the case * Positions of the parties * Issues of the case * Evidence that needs to be obtained * People that need to be interviewed * Places that need to be visited.
Here is a sample list of some issues often raised in cases of sexual harassment (as identified by harassment expert Lynda Ackroyd). 1. Was the delay in filing the complaint reasonable? 2. Did the respondent engage in the behaviour complained of? 3. Were there detrimental consequences to the complainant ? If so what were they? 4. Does the evidence indicate that those in authority condone harassing behaviour? 5. Does the evidence indicate that there is a poisoned environment for women in the department/ or organisation.
The investigation process. Once the plan is made, the investigation can begin.
Gathering evidence There are several types of evidence that may need to be gathered.
1. Witness evidence 2. Documents such as letters, telephone records and financial records) 3. Physical evidence ( for example gift)
Witness evidence Harassment expert Lynda Ackroyd has compiled extensive list of those people that the investigator should interview. The list includes: 1. Complainant 2. Respondent 3. Witnesses 4. Other people who are in a position to evaluate complaints. 5. Someone who can answer question about standard practice in workplace.
When interviewing witnesses, make sure you record. 1. Full first and last name 2. Social security number 3. Contact information 4. Job title 5. Representative present 6. Name of interviewer 7. Date of interview 8. Start and end time of interview 9. File name or case number.
Anyone who is interviewed during the process ( claimant, respondent or witnesses) has the right to have someone accompany them during the interview. This person can be a friend, a colleague, a lawyer or a union representative.
Location evidence If possible the investigator should visit the site where the harassment took place. This will help them visualise the event and take into account the environment if the incident.
The manager's role during the investigation. Stay impartial and and do not comment on the process. If either party ask you how the process is going, refer them to the proper individual.
Above all, do not share information about the process with anyone. Confidentiality is crucial.
If separating employee is not possible, paid time off for both people may be necessary until a decision is made.
The Investigation report Creating a report. Once the investigation is complete, it's now time for the investigator to prepare a formal report. The report should be concise in summary.
Harassment expert Lynda Ackroyd has provided and helpful breakdown of the parts of the investigation report. 1. Introduction to summarize allegation 2. Quotes, the portion of company harassment policy. 3. Summarize scope of investigation ( length, number of witnesses interviewed, what document were reviewed) 4. Refer to witness by a letter or number (witness 1, witness A) 5. Ensure you stick to the facts and not your feelings or opinions. 6. The conclusion to state weather or not the evidence indicates that harassment occured in violation of the company's policy.
The report should provide evidence evidence of how the company handled the complaint ( competently ? Diligently ? Timely? Carelessly ).
|
|
|
Making the decision |
Who makes the decision The decision maker must be someone unaffiliated with the claimant, respondent, and preferably all witnesses. The certainly cannot be friends with with any of these parties nor can they be a colleague or supervisor of the parties.
The decision maker must also be: 1. In a senior position with recognise ( so that employees see this decision as theb one made by the organisation.
2. Knowledgeable about harassment issues and policy within the company
3. Demonstrably dedicated to preventing and eliminating harassment . In some organisation this decision is made by panel of people.
When should a lawyer be involved? You definitely must seek legal counsel if: 1. You are considering significant disciplinary action, such as demotion or termination.
2. The complaint has been escalated to a government agency or the police.
3. Personal safety may be an issue.
4. A monetary settlement is being contemplated.
5. Allegations are complex or controversial.
If you are in doubt spend the money and seek legal counsel.
Creating solutions To fix or to punish When deciding on a solution, there are two avenues that can be taken.
1. Harassment workshop or anger management course is the best course to take.
2. The other avenue is punitive. In this case, the harasser must pay for their action via monetary means or disciplinary action.
Of course these two routes can be often combined.
Outcome for the complainant. There is a set of outcomes that the complainant typically desires. These should be considered during mediation and decision making processes. They include: 1. Apology 2. Counselling 3. Leave of absent 4. Financial compensation 5. Transfer out of the office 6. Referral to police
Outcome for the respondent It is essential that the respondent understand the reason for the outcome so that the issue doesn't occur again. Some ways to do this include * Education * Counselling * Community service
In some cases, punitive measures may be appropriate, such as discipline or termination. The employee may also need to assigned a different job or transfer out of the office to avoid contact with the complainant. They may need to be monitored to ensure the rehabilitation has worked.
Changes in the organisation Often harassment complaint can reveal weaknesses in the organisation. It is crucial that these issue be addressed and remedied so that the employer is not seen as condoning harassment.
Changes that may result include * Policy changes * Additional workshop for staff * Revisiting prevention strategies * Staff surveys to ensure other issues are not being missed. We can say that there are four stages of harassment. 1. The initial consultation with an advisor 2. The filing of a formal complaint 3. An investigation 4. The decision |
|
|
Je |
Je |
