Top 5 Practices to Prevent Workplace Discrimination

Top 5 Practices to Prevent Workplace Discrimination

by | Apr 6, 2022 | Articles, Workplace Management

Workplace discrimination may occur between colleagues, employee and employer, or between an employee and a third party. Specifically, it’s the unfair treatment of an employee or candidate based on the class or category to which they belong, rather than on individual merit.

Unfortunately, this issue is often overlooked or not spoken widely about, leaving employers and employees in the dark when it comes to dealing with discrimination. In many cases, this can also lead to employee turnovers due to a lack of effective measures to stop the problem.

Embracing cultural diversity and nurturing a fair and inclusive workplace culture is positive for your organisation and its employees, and is also the most effective way to avoid workplace discrimination and unlawful behaviour. Lawsuits are expensive and, beyond the immediate financial costs, they reduce staff productivity, wellbeing and morale. They also create reputational and brand damage.  

This guide will explain the many ways that workplace discrimination can occur (e.g., direct, indirect, intentional, unintentional and reverse). Then, you’ll learn how to identify and eliminate your own discriminatory practices. We will explain the Top 5 Practices to Prevent Workplace Discrimination from occuring in order to protect your employees and business.

This blog will provide a better understanding of the issue and important steps you need to take towards the prevention of discrimination in the workplace.

This blog will be structured as below:

  • Understanding Workplace Discrimination
  • Types of Workplace Discrimination
  • Top 5 Practices to Prevent Workplace Discrimination

Understanding Workplace Discrimination

According to the Australian Fair Work Ombudsman, Unlawful workplace discrimination occurs when an employer takes adverse action against a person who is an employee or prospective employee because of the following attributes of the person:

  • race
  • colour
  • sex
  • sexual orientation
  • age 
  • physical or mental disability 
  • marital status
  • family or carer’s responsibilities 
  • pregnancy
  • religion
  • political opinion
  • national extraction or social origin

Discriminatory practices can happen at different points in the employment relationship, including:

  • when recruiting and selecting staff
  • in the terms, conditions, and benefits offered as part of employment
  • who is considered or selected for promotion
  • who is considered and selected for redundancy or dismissal

The following examples demonstrate implicit and explicit workplace discrimination on the basis of race or ethnicity:

  • Recruiting staff solely on their ethnicity.
  • Knowingly or subconsciously selecting candidates that don’t appear to be from a culturally or linguistically diverse (CALD) background.
  • Declaring a job applicant unsuccessful on the basis that “they won’t fit in”.
  • Making assumptions about certain ethnic groups having or lacking particular skills.
  • Failing to deal with alleged cases of racial discrimination in a timely and appropriate manner.
  • Failing to award CALD employees with promotions and career progression opportunities, despite meeting all performance expectations.
  • Having a workplace culture that makes CALD employees feel uncomfortable or excluded.
  • Encouraging or endorsing jokes based on race.
  • Earmarking CALD employees for early departure in a redundancy exercise.
  • Dismissing or indiscriminately targeting a worker due to his/her English speaking abilities.

All employers have a responsibility to make sure that their employees, and people who apply for a job with them, are treated fairly. This responsibility is set out in anti-discrimination laws such as Australia’s Fair Work Act 2009, the Equality act 2010 in the UK, and Title VII of the Civil Rights Act of 1964 in the United States.

Types of Workplace Discrimination

Direct Discrimination

Workplace discrimination can be direct, indirect or both.

Direct discrimination, also called disparate treatment occurs when someone treats (or encourages others to treat) someone else unfavorably because of their protected class.

Direct discrimination happens because of stereotypes about the abilities and qualities of those in protected classes. These stereotypes lead to unfair and untrue assumptions about what a person from a protected group can or can’t do.

This type of discrimination is often intentional and more obvious than other forms of workplace discrimination.

Indirect Discrimination

Indirect discrimination, often called disparate impact, is when a policy or condition is imposed that, as a side effect, disadvantages a protected group (or a person from one).

For example, implementing hiring criteria that just so happens to screen out women or minority group members has a disparate (and negative) impact on members of these groups.

Top 5 Practices to Prevent Workplace Discrimination

Develop an anti-discrimination policy

Companies’ anti-discrimination policies can vary widely depending on their culture and nature, however, it is important to highlight the employee’s right to work in a professional environment, where their skills, abilities, and knowledge are the most important factors in their success. Your company work policy should have zero tolerance for any form of harassment. Encourage employees to come forward and participate in the investigation, assuring they will be kept confidential (to a reasonable extent) as well as people who make complaints will be protected at all times. Having clear procedures and rules established is also a way to make managers and employees aware of acceptable workplace behaviour within your country. In case of misbehaviour, it will be easier to point to the policy than to refer to a law the employee may not have heard of.

 

Educate your workers

It is important to ensure that all employees are aware of potential discrimination issues in the workplace, have knowledge of your policies and procedures as well as how to report the allegation. It is recommended to have separate training for supervisors and managers as they are your first line of defense in preventing workplace discrimination. Also, you should strive to inform employees of the possible outcomes of discrimination, which include potential lawsuits. There are many ways to keep everybody informed and up to date about the issue, like face-to-face training, internal communications or even using visual aids in common areas to promote anti-discriminatory practices.   

 

Establish a process for resolving workplace discrimination issues

Any employee who feels they have been discriminated against or treated negatively should report the issue to Human Resources, their direct supervisor, manager or director, and they should feel comfortable and safe when doing so. In these cases, all companies must be consistent in addressing issues through a fair and reasonable investigation even if your business is not in legal jeopardy. This will show your companies’ expectations of equal and unbiased treatment among all employees. Solving workplace discrimination issues in a timely manner should be a priority as otherwise, trust and credibility may be lost.

Reduce bias in your recruitment process

Unconscious biases are stereotypes that we unintentionally have learned. They have the ability to affect our behaviour and perception of others. This is an issue that many companies may not have in mind, but a vast body of research shows that the hiring process is biased and unfair. This can frustrate diversity, recruiting, promotion, and retention efforts. Awareness training is the first step to resolve unconscious bias in the workplace, as it allows employees to recognize that everyone possesses them and to identify their own. It is also recommended to have a standardised interview process by asking candidates the same set of defined questions that allow employers to focus on the factors that have a direct impact on performance. Giving a work sample test can also be a great tool against unconscious bias as it forces recruiters to critique the quality of a candidate’s work versus judging them based on appearance, gender, age, and even personality. 

 

Consider more than one option for communication channels

An important part of the complaint process is providing effective and transparent communication channels. Ideally, have more than one option for employees to report discrimination, which will ensure that a supervisor cannot hide issues from Human Resources and upper management. Formal communication channels like an Intranet, emails, letters, or face-to-face interactions are crucial for the employee to be able to make their complaint and some even allow anonymous reports to be made in order to start an investigation. You can also consider keeping a more informal type of communication like holding lunchtime conversations and continuous collaboration among team members where you can identify potential discriminatory practices that otherwise may go unnoticed. 

Explore the Top 5 Practices to Prevent Workplace Discrimination in order to protect your employees and business

Explore the Top 5 Practices to Prevent Workplace Discrimination in order to protect your employees and business.

Embracing cultural diversity and nurturing a fair and inclusive workplace culture is positive for your organisation and its employees, and is also the most effective way to avoid workplace discrimination and unlawful behaviour.

Embracing cultural diversity and nurturing a fair and inclusive workplace culture is positive for your organisation and its employees, and is also the most effective way to avoid workplace discrimination and unlawful behaviour.

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Learn more about how Polonious can help you protect against workplace discrimination

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Top 6 Interview Tips for Corporate Fraud Investigations

Top 6 Interview Tips for Corporate Fraud Investigations

by | Mar 25, 2022 | Articles, Insurance Investigations, Private Investigations, Workplace Investigations

In today’s economic climate, corporate fraud is rife on all levels, and though it often goes undetected, it can be catastrophically damaging to both individuals and corporations. PwC’s Global Economic Crime and Fraud Survey reports, internal perpetrators represent nearly half of all reported frauds.

Learn more about the different types of fraud in our 4-part series of corporate fraud where we cover:

Also, take a look at our blog: Top 6 Internal Investigations Pitfalls to Avoid in order to avoid making the same mistakes and to protect against risk.

A corporate fraud investigation is essential to gather evidence, identify defendants and trace misappropriated assets. When interviewing the suspect, an interviewer’s questions may lead directly to the truth or to a web of deception. A good interviewer applies a variety of techniques to ensure that the interview yields the most accurate and truthful answers.

This blog will cover Top 6 Interview Tips for Corporate Fraud Investigations.

Start with Background Questions

Every fraud interview should start as a simple conversation. The goal is to learn some background information while building rapport with the interviewee. After stating the purpose of the interview, start with questions regarding the interviewee’s background, including:

  • How long have you been at the company?
  • What job titles have you had, and what are the responsibilities of your current title?
  • What is your normal day like? Normal week? Normal month?

Once certain responsibilities of the interviewee have been established, ask for some detail on their tasks. Ask questions like:

  • How do you personally stay organised? What tasks do you prioritise?
  • When performing the month-end reconciliations, when are they due? Who reviews your work? Do they ever have review points? Do they sign off promptly?
  • Who covers your responsibilities if you’re out? Who do you interact with the most in the office on a daily basis? Who do you rely on to provide the data/documentation for you to be able to complete your tasks?

Spending the time to learn about the interviewee and the responsibilities of their position will set a nice tone for the interview. Encouraging the interviewee to talk about themselves helps earn some trust and develop rapport. Through this line of questioning, information can be learned about their position within the company and exposure to other employees, processes and controls. This can be valuable to the current interview and other interviews conducted throughout the investigation. It is important to start with background questions and to remain calm despite the stress that may come along with investigating a potential case of corporate fraud.

Set a Relaxed Tone

Sit across from the interviewee if possible, and assume a relaxed physical position. Use a smile and direct eye contact to begin the interview with a light and relaxed mood because dealing with a potential case of corporate fraud can be stressful for everyone involved. Use some summarised notes to keep you organised for the interview, but employ them as little as possible to keep from appearing disinterested or unengaged. Writing notes throughout the interview is typically necessary, but they should be written down quickly and in a summarised fashion, so as not to cause alarm or appear concealing to the interviewee.

Explain who you are and the purpose of the interview. Don’t lie about the reason you are talking, but keep it light. Examples might include:

  • “This is just a standard part of our internal control procedures for the audit”
  • “We just need to understand further details about a specific financial area, and you are one of the people we were told to speak to”
  • “These interviews are all just part of an improvement study for certain systems/processes”

It is unnecessary to explicitly state the possibility of corporate fraud, especially because none of this is confirmed. The purpose of a successful investigation, is to derive accurate information rather than pro/disprove a potential case of corporate fraud. Start the interview by asking the interviewee how long they’ve been with the company. Ask what their specific job responsibilities are, who they report to, what a typical day is like for them. Earn their trust by listening and asking open-ended questions to allow them to keep speaking. Interviewees inherently become more comfortable when asked to speak about themselves, as well as when someone takes an interest in what they do each day. Ask for more detail when they speak of certain forms, lists, software or interactions that they have throughout the day.

The first 5 minutes of any one-on-one interview is the most crucial phase. You can create trust or distrust within the interviewee within seconds, based on your demeanour, attitude, and physical appearance.

Ask the Right Questions

Many interviewers tend to follow a script when performing interviews. Typically this list of questions is universal to all interviews for the day and asks common questions about seeing or reporting corporate fraud, seeing or reporting strange or unusual behaviour, etc. Although straightforward in nature, these questions will rarely get an interviewee to divulge information that the interviewer may find useful or informative. An interviewer can ask more appropriate questions throughout an interview that fulfil the requirements of these questions, without asking them verbatim.

Using specific questions about unusual behaviour in each of the interviewee’s job responsibility areas may be much more effective than a general question of abnormal activity within the organisation. Instead of asking a payroll clerk whether she knows of or has seen any cases of corporate fraud within the organisation, it makes much more sense to ask whether she has seen any odd entries or deletions in the payroll system, whether she’s ever been asked to override the system in some manner, what weaknesses exist within the hiring/termination process and whether past errors in timekeeping and paychecks were handled appropriately.

Use the following tips and lines of questioning to strengthen your interviews:

  • Converse about an interviewee’s daily responsibilities using open-ended questions regarding atypical situations that might occur, and brainstorm with the interviewee about weaknesses in the process and how a corporate fraud or scheme could occur.
  • Identify specific interviewee responsibilities that are prone to fraud and ask about instances in which they struggled to complete their tasks or had issues related to abnormalities within the process.
  • Ask about areas that the interviewee used to be responsible for in the past that have since been taken away from them, and understand the reasoning behind the change.
  • Ask what changes the interviewee would make to the process if they were in charge, and why.
  • Ask the interviewee the main thing about their job that “keeps them up at night.” Typically, areas that concern or worry an employee the most may have levels of uncertainty that are indicative of risk, misstatement, or fraud.
  • Finally, begin asking whether they have seen corporate fraud or unusual behaviour within any of the areas they work in, or in other departments.

By empowering the interviewee throughout the interview, you not only develop a trusted rapport with them, but you initiate a thought process within them that is more likely to remember and report anomalies from the past.

Dive into Deeper Questions

Once deep into an interview for a potential case of corporate fraud, interviewers are in a good position to start asking the harder questions. If this is a general fraud interview with no suspicion of corporate fraud, it’s time to ask the direct questions, such as:

  • Have you participated in or witnessed fraudulent or questionable behaviour within the company?
  • Have you ever been asked to participate in or ignore a fraudulent act with the company?
  • Are there any activities of the company that you consider fraudulent, immoral or criminal?

If this is a corporate fraud investigation with specific allegations, now is the time to begin focusing on the known allegations, as well as any inconsistencies within the interview. Interviewers may want to begin to cross-reference their responsibilities with the information shared at the beginning of the interview, such as how they stay organised, who they report to, etc.

At the beginning of the interview, interviewees may exaggerate their responsibilities, motivated by a desire to tell the interviewer what they think they want to hear. But as the interviewer asks more questions and gets into more of the details of their responsibilities, shortcuts may be revealed, tasks they complete that aren’t reviewed, checks and balances that are being ignored or areas where their story just doesn’t add up. A good interviewer won’t let these items pass by. As these discrepancies are identified and real processes are clarified, interviewers should develop a clearer picture of the company, the likelihood of fraud and the potential involvement of the interviewee.

Remain Objective

With any investigation into allegations of corporate fraud or workplace misconduct, it is imperative that the investigator maintains a neutral and objective approach, and does not make “cut corners” in the investigation process. Following the proper procedurally fair process will not only ensure that your investigation is beyond unfounded criticism, it will also mean that you are being truly diligent in obtaining, collating, comparing and critically examining the evidence and making reliable conclusions on it.

Ensure Clarity

One major shortcoming in inexperienced fraud interviewers is their reluctance to reconfirm statements, revisit subjects and ask for more examples. Often, interviewers don’t like to give the impression that they don’t understand or need a second explanation, but this step is crucial to a successful interview. Revisiting a subject multiple times and asking for more examples not only provides clarity, but can also identify inconsistencies in the interviewee’s statements. Interviewers should regularly go back through the details of a certain procedure or process that the interviewee has already explained, asking for more detail and examples, with questions like:

  • I don’t understand this specific process. Can you explain to me what the senior accountant’s role is again?
  • It doesn’t make sense to me that the checks are signed without the supporting documentation present. Can you walk me through the process again so I can understand the timing of the review?

The least of an interviewer’s worries should be looking uninformed or foolish. Nothing should get in the way of gaining a full understanding of what the interviewee is explaining.

How Polonious can help you fight corporate fraud

Corporate fraud is a risk to all businesses regardless of size or industry. Being able to conduct an effective internal investigation is essential for the day-to-day operation of your organisation. There are countless tools you can use to run investigations more efficiently and effectively. 

A well-conducted internal investigation helps ensure that those who have engaged in improper conduct are identified as having done so, and are dealt with appropriately. It can also ensure that those who have been wrongly suspected or accused of having engaged in improper conduct have their circumstances clarified and the suspicion removed. Polonious provides an investigation workflow tool which creates consistent, procedurally fair investigations while minimising admin work through automation.

Polonious’ ISO27001 certified security ensures your evidence and case files are stored securely, while our detailed security configuration ensures you can keep employees fully anonymous, or known only to specific individuals, depending on the level of anonymity requested.

An effective internal investigation helps reinforce better workplaces and protects the company from large fines, damages, negative publicity, etc. As the fraud environment becomes increasingly complex, we can help you detect and prevent corporate fraud by ensuring effective corporate governance.

A corporate fraud investigation is essential to gather evidence, identify defendants and trace misappropriated assets. These Top 6 Interview Tips for Corporate Fraud Investigations will teach you a variety of techniques to ensure that the interview yields the most accurate and truthful answers.

A corporate fraud investigation is essential to gather evidence, identify defendants and trace misappropriated assets.

These Top 6 Interview Tips for Corporate Fraud Investigations will teach you a variety of techniques to ensure that the interview yields the most accurate and truthful answers.

With any investigation into allegations of workplace misconduct, it is imperative that the investigator maintains a neutral and objective approach, and does not make “cut corners” in the investigation process.

With any investigation into allegations of corporate fraud and/or workplace misconduct, it is imperative that the investigator maintains a neutral and objective approach, and does not make “cut corners” in the investigation process.

Book a Demo Now

Learn more on how Polonious helps clients run successful investigations

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22 Free and Affordable Tools for Investigators

22 Free and Affordable Tools for Investigators

by | Mar 15, 2022 | Articles, Private Investigations, Workplace Investigations

In today’s technological world, it is almost guaranteed that there is an app for everything. In addition to personal use, apps have professional applications as well.

Investigators have at their fingertips a plethora of useful tools and resources, from software and smartphone apps to digital research resources, state-of-the-art communications technology and nifty surveillance gadgets

However, these can be extremely costly and not be feasible options for many investigators. Fortunately, there are thousands of free and cheap resources that can help you conduct your investigations more efficiently and effectively.

This blog will outline 22 Free and Affordable Tools for Investigators.

Tools for Planning Investigations

  • Calendar Apps

Google Calendar

Because Google Calendar is linked to your Gmail account, you can seamlessly access your calendar anywhere and from any device. For extra convenience, events are automatically added from your Gmail to your Calendar.

Microsoft Outlook Calendar

Outlook combines email, calendar, and contacts in one application. This is a great calendar app for those who are Microsoft users.

Apple Calendar

Apple Calendar is the default calendar on Macs, iPhones and iPads. Everything syncs by default using iCloud, or you can set up Apple Calendar to sync with Google Calendar, Microsoft Exchange, Yahoo, and any calendar platform that uses CalDAV. Setting this up is as easy as connecting an email client app to another email account.

Tools for Conducting Research

There are many types of evidence to consider during a workplace investigation, take a look at our blog to understand the 6 types of evidence you may encounter and how you can use them.

  • Open Source Intelligence (OSINT)

Open Source Intelligence, often abbreviated as OSINT, is data and information that is collected legally from open and publicly available resources. Obtaining the information doesn’t require any type of clandestine effort and it is retrieved in a manner that is legal and meets copyright requirements.

Open-source data and information are available in a variety of places, most of which are accessible via the internet. Examples include:

  • Public records databases
  • Government reports, documents, and websites
  • The internet
  • Mass media (e.g. newspapers, TV, radio, magazines, and websites)
  • Social networks, social media sites, user account profiles, posts, and tags
  • Maps and commercial imagery
  • Photos, images, videos

Take a look at other ways you can dig deeper than a web search to conduct better investigations. While there’s a lot of free information that is accessible, there are paid tools that can make searching all of these things easier. Our Polonious Configurers understand how to access the deep case data and can share many examples of how to use it with your team. Take a look at some of the tools we already integrate with in our blog.

  • Capturing Online Data

Using the Web for conducting research is the new norm, but there’s a risk associated with collecting data and information this way. When you do find what you’re looking for online, you’ll need to capture it before it’s been modified, hidden, or erased. Luckily, there are free investigation tools for this.

CamStudio

Record all screen and audio activity that takes place on your computer and easily turn them into AVI video files that can be saved and shared. Camstudio is free for personal and professional use.

Screencast-o-Matic

Alternatively, Screencast-o-Matic captures your screen’s activity and, if you use your webcam, you can customise your video with narration. There are both free and pro options with varying features.

Veed Screen Recorder

Capture your screen and/or webcam activity using your choice of layout. Then, edit your recording with Veed’s online video editor. You can even add layers, subtitles and images. Veed is free to use.

  1. Digital Forensics Tools

Digital evidence can exist on a number of different platforms and in many different forms. Forensic investigation often includes analysis of files, emails, network activity and other potential artifacts and sources of clues to the scope, impact and attribution of an incident.

4Discovery

4Discovery offers different options to extract metadata (document history, usage, authors and contributors), look at USB history and much more. 

Google Takeout Convertor

Google Takeout Convertor ​​converts archived email messages from Google Takeout along with all attachments. This software helps investigate officers to extract, process, and interpret the factual evidence.

Tools for Investigation Interviews

  1. Recording Interviews

Digital Recorder

Use a digital recorder to record your interviews with minimal background noise. 

Memory stick and voice recorder

The greatest advantage of digital voice recorders over older digital tape recorders is that they have no moving parts, which make a lot of noise. Thus, your interview recordings are crisp and clear.

Tripod Phone Holder

Today’s smartphones have great cameras, great audio recording capabilities and tons of storage. Use your phone to videotape investigations with a tripod phone holder.

Tools for Writing Investigation Reports

  1. Report Writing

Grammarly

Grammarly scans your text for common grammatical mistakes (like misused commas) and complex ones (like misplaced modifiers). Ensure that your report is free from typos and grammatical errors.

ProWriting Aid

ProWriting Aid offers world-class grammar and style checking, combined with more in-depth reports to help you strengthen your writing. This tool can enhance the readability of your document.

  1. Scan, send and documenting files

Evernote Scannable

Scan contracts, receipts, business cards, and any paper that comes your way quickly and efficiently. Then, save or send these high-quality scans by email. If you already have Evernote, you’ll love this app. 

Text Grabber

TextGrabber easily and quickly scans, translates and saves your chosen text or QR-codes from virtually any printed material. This app can also translate.

Additionally, take a look at Documenting a Workplace Investigation: 3 Things to Know to better understand relevant laws, key documents to record and benefits of proper documentation and record keeping practices.

Tools for Managing Investigations

  1. Reminder and Monitoring Tools

Google Alerts

Set up an alert on the subject’s name, nickname and alias to monitor what they’re up to and receive notifications when new results appear.

Mention

Pick a couple of keywords (names) to keep an eye on and Mention monitors the web and social networks. The app then sends alerts daily or weekly.

  1. File Sharing and Collaboration Tools

Drop Box

This software offers secure file sharing and storage solutions. Packages include Dropbox Basic for infrequent, basic investigations, and Dropbox Business with extra storage and enterprise-level support.

Google Drive

With Google’s file storage and synchronisation service, you’ll get access to all of your files from anywhere on any device. Share it with anyone who has a Gmail and let them view, download and collaborate.

  1. Securing Files

Veracrypt

Add enhanced security with on-the-fly encryption (OTFE) to protect your important files online and offline.

AxCrypt

This app offers strong encryption, password management and multilingual interfaces. For added convenience, AxCrypt lets you collaborate with others, store your files in the cloud and access your encrypted files from your phone.

How Polonious Can Help Investigators

Although Office Tools have uses, take a look at our blog to understand why everyday office apps like word processors and spreadsheets are not up to the task for real-world investigation teams. Polonious ensures there is a single framework that controls the workflow, security, reporting and audit requirements necessary for every investigation.

Being able to conduct an effective internal investigation is essential for the day-to-day operation of your organisation. A well-conducted internal investigation helps ensure that those who have engaged in improper conduct are identified as having done so, and are dealt with appropriately. It can also ensure that those who have been wrongly suspected or accused of having engaged in improper conduct have their circumstances claried and the suspicion removed.

Companies will often establish an internal investigation in response to significant events or allegations of wrongdoing. However, minor errors can lead to significant repercussions for employees, employers and companies alike. However, these can be prevented by following the best practices while utilising the right tools. Take a look at our blog to understand common pitfalls in internal investigations so you can avoid them.

For instance, all physical evidence must be stored securely and logged. Digital evidence needs to be authenticated, captured, preserved and stored somewhere as well. The Polonious case management system allows investigators and HR teams to document evidence and important documents in a secure, organised and accessible manner. 

Polonious’ ISO27001 certified security ensures your evidence and case files are stored securely, while our detailed security configuration ensures you can keep employees fully anonymous, or known only to specific individuals, depending on the level of anonymity requested.

The main drawbacks with using office tools for investigations is there is no single source of truth. To understand what has happened, many systems need to be accessed and, adding to the problem, there is no single security framework. Spreadsheets rarely have direct links to the source data and can easily be manipulated over time. Don’t forget security is an ever increasing concern and using disparate solutions increases that risk across an organisation.

If you have stretched the limits of what is possible with office tools and are starting to experience the fundamental problems with them, Polonious can help you move on to our dedicated case and investigations management platform.

This blog will introduce you to 22 Free and Affordable Tools for Investigators.

This blog will introduce you to 22 Free and Affordable Tools for Investigators.

Polonious ensures a secure and consistent framework that controls the workflow, security, reporting and audit requirements necessary for every investigation.

Polonious ensures a secure and consistent framework that controls the workflow, security, reporting and audit requirements necessary for every investigation.

Book a Demo Now

Would you like to see how Polonious’ can help you with investigation reports?

Click Here
How to Draw the Line between Tough Management and Workplace Harassment

How to Draw the Line between Tough Management and Workplace Harassment

by | Mar 7, 2022 | Articles, Workplace Management

The difference between tough management practices, which demands high performance, and a manager who harasses employees could be very subtle. Determining where a manager’s behaviour crosses the line in a way that the courts deem to be harassing could be very difficult.

The cost of these behaviours to a company in terms of stress, anxiety, absenteeism and turnover is huge. However, effective performance and behaviour management creates a harmonious and productive workplace, which is beneficial for both employees and employers.

This blog will cover how to draw the line between tough management and workplace harassment. It is best practice to follow these tips in order to protect your company, yourself and your employees and ultimately promote a positive working environment for all.

The blog will cover the following topics:

  • Defining Workplace Harassment
  • Managing Performance
  • Reasonable Management Action vs Tough Management
  • Lessons for Employers

Defining Workplace Harassment

In Australia, employers have a legal responsibility to provide a safe workplace under the Work Health and Safety Act 2011 and anti-discrimination laws. Similarly, in the United Kingdom, employees are protected from bullying and harassment under the Equality Act 2010.

Learn more about the consequences of “intimidating, threatening” and disrespectful behaviour towards colleagues in the recent sacking of James Hardie CEO Jack Truong.

Managing Performance

The best businesses are always improving their operations to stay competitive in their industry. To be able to do this, employees and managers need to be performing to a high standard.

High performance in business means:

  • increased productivity
  • engaged and committed employees
  • retaining good employees.

Underperforming employees can have a negative effect on a business, such as:

  • unhappy customers or clients
  • decreased productivity
  • high turnover
  • decreased employee morale

Reasonable Management Action vs Tough Management 

At some point, every employer will need to manage an underperforming staff member. In practice, this means taking steps to deal with poor conduct, including:

  • Non-compliance with policies/procedures and other workplace requirements
  • Inappropriate, disruptive or generally bad behaviour
  • Unsatisfactory performance of work tasks

The necessary steps may range from informal performance management, where the inappropriate or unsatisfactory behaviour is brought to the staff member’s attention, through to a more formal process such as the implementation of a performance improvement plan.

Employers are not prohibited from dealing with employees that they consider are underperforming. However, care needs to be taken to avoid bullying an employee. But what is reasonable management action? 

Examples of reasonable management action may include:

  • setting reasonable performance goals, standards and deadlines
  • rostering and allocating working hours where the requirements are reasonable
  • transferring a position for operational reasons
  • deciding not to select a worker for promotion where a reasonable process is followed and documented
  • informing a worker about unsatisfactory work performance when undertaken in accordance with any workplace policies or agreements that have been communicated to the worker, such as performance management guidelines used within the company
  • informing a worker about inappropriate behaviour in an objective and confidential way
  • termination of employment.

Lessons for Employers

When making an objective assessment of the reasonableness of the management action, it is important to consider what caused the action, what circumstances were  in train while the action was taken, and what occurred as a result.

It is also important to note that there is no ‘retrospective gold standard’. Just because an employer may, in hindsight, have been able to improve on the way they undertook the action, does not necessarily mean that it was not an appropriate reasonable action at the time.

Moreover, although the staff member’s perception of a negative management action is likely to tend towards it being unreasonable, the standard is objectiveness and this is not determined by one or a group of employees’ views.

Here are some questions to ask yourself when determining whether it is legitimately harsh management practices or harassing behaviour from a legal perspective:

  1. Is the employee offended by the behaviour?
  2. Is the behaviour sufficiently severe or pervasive to create a hostile or abusive work environment?
  3. Does the employer have and enforce policies intended to prevent unlawful harassment?
  4. Did a tangible adverse job action result from or accompany the manager’s treatment of the employee?
  5. Is the manager a senior officer of the company?
  6. Did the affected employee complain?
  7. Would a reasonable employee be offended by the behaviour?

Preventing Underperformance

According to the Fairwork Ombudsman, the best way to manage underperformance is to make sure it doesn’t happen in the first place. Communication is the key. Steps that employers can take to help prevent underperformance include:

  • listing behavioural and outcome expectations in position descriptions
  • addressing any issues as soon as possible
  • having regular performance reviews to outline expectations from the beginning
  • encouraging employees to talk to a manager or employer if they have any questions or concerns.

How Polonious Can Help

Many businesses can benefit from better management practices. The polonious case management system can provide a transparent, repeatable performance management or misconduct investigation process, to ensure procedural fairness and eliminate bias. It is fully audit logged in case of any complaints or appeals. Furthermore, detailed reporting can help you identify systemic performance or misconduct issues. Polonious can also help you with ethical workplace monitoring which enables enhanced productivity, trust and legal compliance.

Understanding How to Draw the Line between Tough Management and Workplace Harassment can be very difficult.

Understanding How to Draw the Line between Tough Management and Workplace Harassment can be very difficult.

The cost of workplace harassment is huge as it leads to increased stress, anxiety, absenteeism and turnover.

The cost of workplace harassment is huge as it leads to increased stress, anxiety, absenteeism and turnover.

Effective performance and behaviour management creates a harmonious and productive workplace, which is beneficial for both employees and employers.

Effective performance and behaviour management creates a harmonious and productive workplace, which is beneficial for both employees and employers.

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Learn more about how Polonious can help you implement better management practices.

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6 Types of Evidence in Workplace Investigations

6 Types of Evidence in Workplace Investigations

by | Mar 2, 2022 | Articles, Workplace Investigations

The ability to gather and analyse different types of evidence is one of the most important competencies for anyone who conducts investigations. In Workplace Investigations, there are many different types of evidence that are available that can prove or disprove specific facts about the case. The evidence can help establish an issue or fact by the information they provide. There are many types of evidence that help the investigator make decisions during a case, even if they aren’t direct proof of an event or claim. 

The first rule is that evidence must be relevant to the investigation. If it is not directly related to the case it isn’t relevant evidence. That said, there are many types of evidence that, while not admissible in court, can be valuable to an investigator trying to reach a conclusion in a workplace investigation. And even some evidence that is not admissible on its own may be admissible in conjunction with other types of evidence.

This blog is designed to help you identify 6 Types of Evidences in Workplace Investigations you may encounter and how to use them.

This blog will be structured in the following:

  • Role of Evidence in Investigation Reports
  • 6 Types of Evidence in Workplace Investigations
  • Weighing the Evidence

Role of Evidence in Investigation Reports

Types of evidence contained in an investigation report may include:

  • Witness statements and/or transcripts of interviews
  • Physical evidence such as photographs of injuries or the debris of a broken item.
  • Documentary evidence such as incident reports or contemporaneous file notes.
  • Electronic evidence including emails, text messages and CCTV footage.
  • Expert reports such as medical reports
  • Other documentary support evidence such as rosters, timesheets, fuel cards, behaviour support plans, client profiles etc.

Additionally, in our previous blog, we have compiled five ways to garner more information for an investigation, and how the results will help you deliver a more comprehensive result.

Crucially, the evidence should be relevant and sufficient to support any findings. The more thorough the investigation and weighing of evidence, the better chance of defending an unfair dismissal claim in courts, such as the Fair Work Commission in Australia. 

Learn more about your duties and responsibilities as an investigator here.

Relevance of Evidence

Relevance is a fundamental consideration when it comes to assessing the evidence for any investigation, whether it is a minor matter or something more complex. For evidence to comply with the rules and to be admissible in court there must be a logical connection between the facts which are at issue and the documentation or statements used to determine them.

When obtaining and evaluating evidence, the investigator must be able to recognise what constitutes relevant evidence versus irrelevant evidence.  For example, evidence of someone’s character is irrelevant during a fact-finding investigation, though similar type behaviour or a tendency to behave in a certain way may be – provided it is sufficiently similar to the matters currently under investigation and can be assessed as relevant.

However, by planning ahead, assessing your risks, and thinking your investigation through from the start, you can avoid many of the common pitfalls that can derail an investigation. 

Key Points to Consider during Workplace Investigations

  • The more serious the allegation, the more probative the evidence should be to satisfy a conclusion on the balance of probabilities;
  • Consider all relevant evidence, and test any contradictory evidence;
  • When considering prior conduct, consider the prejudicial effect(degree to which a piece of evidence can prove the allegation it stands for) vs the probative value(extend that the evidence detracts from a court’s ability to determine what happened);
  • Where there is corroborating evidence, consider the possibility of collusion; always test the evidence;
  • When assessing credibility, identify your own biases, assess reliability and consistency and remember, everyone performs differently at interviews.

6 Types of Evidence in Workplace Investigations

Direct Evidence

Direct evidence is evidence of something that a witness has perceived for themselves through one or more of their five senses: something that they have seen, felt, heard, smelled or tasted. This could be the testimony of a witness who saw first-hand an incident of sexual harassment in the workplace.

Indirect/Circumstantial Evidence

Circumstantial evidence is evidence that relies on an inference to connect it to a particular fact or issue or conclusion. For example, if surveillance camera footage of an office records a person removing cash from a safe and a reconciliation of money in the safe found that cash was missing, the footage would provide circumstantial evidence that could be used to infer that the person stole the money. Similarly, the length of skid marks on a road could be used to infer that a driver was speeding at the time of an accident. 

This type of evidence is used to infer something based on a series of facts separate from the fact the argument is trying to prove. It requires a deduction of facts from other facts that can be proven and, while not considered to be strong evidence, it can be relevant in a workplace investigation, which has a different burden of proof than a criminal investigation.

Hearsay Evidence

Hearsay evidence is evidence of something of which the witness does not have direct knowledge or experience but has been told about by some other person. For example, if Bob tells Tom that Mary stole the money, then Tom’s evidence would be considered to be hearsay and potentially unreliable unless it could be supported by circumstantial or direct evidence.

This type of evidence consists of statements made by witnesses who are not present. While hearsay evidence is not admissible in court, it can be relevant and valuable in a workplace investigation where the burden of proof is less robust than in court.

Documentary Evidence

Documentary Evidence is considered to be written forms of proof, such as letters or wills. It is any evidence of an original document or a copy or photographs, films or communications such as emails. Documentary evidence can also include other types of media, such as images, video or audio recordings, etc.

Physical Evidence

As would be expected, evidence that is in the form of a tangible object, such as a firearm, fingerprints, rope purportedly used to strangle someone, or tire casts from a crime scene, is considered to be physical evidence. Physical evidence is also known as “real” or “material” evidence. It can be presented in court as an exhibit of a physical object, captured in still or moving images, described in text, audio or video or referred to in documents.

Forensic Evidence

Forensic Evidence is scientific evidence, such as DNA, trace evidence, fingerprints or ballistics reports, and can provide proof to establish a person’s guilt or innocence. Forensic evidence is generally considered to be strong and reliable evidence and alongside helping to convict criminals, its role in exonerating the innocent has been well documented. The term “forensic” means “for the courts”. Its use in workplace investigations is generally limited to serious cases that may end up in court.

Weighing the Evidence

The term “weighing” is a term that means assessing the credibility and strength of a particular piece of evidence, such as the testimony given by a witness. When gathering evidence from witnesses, it is important to ensure that the evidence that they provide is comprehensive in terms of its probative value i.e. in terms of the extent to which it tends to prove a particular fact or issue. This will generally involve clarifying the finer details of what they say that they saw, when they saw it and clarifying any discrepancies in the evidence provided. The weight of evidence is based on the believability or persuasiveness of evidence. The probative value of evidence which tends to convince a person qf the truth of some proposition or fact does not necessarily turn on the number of witnesses called, but rather the persuasiveness of their testimony. For example, a witness may give uncorroborated but apparently honest and sincere testimony that commands belief, even though several witnesses of apparent respectability may contradict that evidence. The question for the decision-maker is not which side has more witnesses, but what testimony he/she believes. ·A witness’s “opinion” about a person or something will not generally be relevant to a workplace investigation unless the witness is an expert. 

How Polonious can Help

Gathering evidence can often be the most time-consuming part of the investigation. Everything you find out is potential evidence and it’s important to consider every piece of evidence you uncover, whether or not it fits in with your other evidence and impressions related to the case. However, HR teams and investigation teams must be aware that proper documentation and record keeping of incidents and investigations can make a significant difference in preventing risk and liabilities of the organisation. 

All physical evidence must be stored securely and logged. Digital evidence needs to be authenticated, captured, preserved and stored somewhere as well. The Polonious case management system allows investigators and HR teams to document evidence and important documents in a secure, organised and accessible manner. 

Polonious’ ISO27001 certified security ensures your evidence and case files are stored securely, while our detailed security configuration ensures you can keep employees fully anonymous, or known only to specific individuals, depending on the level of anonymity requested.

This blog is designed to help you identify 6 Types of Evidences in Workplace Investigations you may encounter and how to use them.

This blog is designed to help you identify 6 Types of Evidences in Workplace Investigations you may encounter and how to use them.

While hearsay evidence is not admissible in court, it can be relevant and valuable in a workplace investigation where the burden of proof is less robust than in court.

While hearsay evidence is not admissible in court, it can be relevant and valuable in a workplace investigation where the burden of proof is less robust than in court.

All physical evidence must be stored securely and logged. Digital evidence needs to be authenticated, captured, preserved and stored somewhere as well.

All physical evidence must be stored securely and logged. Digital evidence needs to be authenticated, captured, preserved and stored somewhere as well.

Book a Demo Now

Learn more about how Polonious can help you conduct fair and robust workplace investigations

Click Here
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