Workplace Investigations: Avoid Them Through Better Planning and Processes

Investigations into workplace bullying and harassment can be expensive not only in the outlay and diversion of resources, but also in their overall effect on workplace culture, trust, retention, absenteeism and “presenteeism”, etc. In fact, as Gray and Marshall report, “Investigations are a significant investment, so be honest up front: if resources are not available, the HR group risks over-reaching, and the damage of a botched investigation can be greater than the original complaint.”[1]

Despite all of the information, training and regulations about bullying and harassment available to organizations, are investigations still happening so frequently?

Several HR professionals that we have worked with have told us that when unhappy employees have no other resources or processes to follow, and don’t feel comfortable speaking up, they will file a bullying or harassment complaint because their employer can’t ignore it. While there are very legitimate bullying and harassment issues that require appropriate attention, we also know that many of these complaints can relate more to general workplace conflict, can be managed in a more productive manner, and even prevented.

Conflict in any environment is inevitable, and in the workplace, where we spend a huge amount of time interacting with co-workers, managers, clients, etc., it can be both frequent and especially destructive.  By putting a workplace conflict management program in place, employers can prevent the worst effects of conflict and manage what does arise effectively.

Consider the difference:

An employee in a company that has no explicit system in place, and perhaps a culture where conflict is avoided, will generally either leave or work in a less than effective manner. If they stay and decide to take action, and if their problem with others can even remotely be framed as bullying and harassment, they will often follow the path available to them under the relevant WorkSafeBC regulations. Since the investigative process is rarely pleasant for anyone involved, this is likely to lead to an expensive and unhappy outcome all around. The overall approach is defensive and reactive.

 

An employee in a company with a conflict management program in place, first of all, likely has received training in conflict management skills and works for a manager who is trained in the conflict management skills important in leadership. The workplace culture allows for people to speak up about problems without retribution. If the manager is unable to help resolve the problem, then the manager or the HR team is trained to assess, or has access to someone who can assess the situation and steer it to the most effective resources and/or process. The overall approach is open and proactive.

There are skilled investigators available who can approach this process in the healthiest manner possible, and can help everyone achieve the best possible outcome. However, what is healthier for the workplace overall, and therefore for the business itself, is a well-planned, communicated and established program where investigation is only one of many possible tools, and is only used when appropriate.

Conflict is expensive. We can help.

Contact us at 604-684-1300 x200 (or toll-free 1-877-656-1300 x200) to find out how we can design and operate or support a workplace conflict management program for your organization.

[1] Gray, H. and Marshall, G. Investigation is the New Arbitration. PeopleTalk, Spring 2017.

Conflict is expensive. We can help. Visit us at HRMA Conference & Tradeshow 2017

ODR tools for kids?

The use of technology is definitely increasing in the conflict resolution field. In BC, ODR (Online Dispute Resolution) is a key component of the Civil Resolution Tribunal, MyLawBC and the Mediate BC ODR Pilot (Robson Square small claims disputes). We expect that the younger generation will adopt these tools more readily than older folks (with some exceptions of course!) so a good question is:

How are we engaging with young people to assist them to engage with conflict in a healthy way using technology?

OTTER - Online Dispute Resolution for Kids
OTTER – Online Dispute Resolution for Kids

A new platform has been developed by Kelly Sorbera and Alec Go especially for kids. It is called OTTER, “an award-winning online dispute resolution (ODR) solution that includes an “automated mediator” and other dispute resolution tools to help kids resolve conflicts.” OTTER was originally presented at ODR2014 where it was awarded 1st place in the Tech For Justice Hackathon. Check out the description and information video here.

You will note that OTTER was seeking backing through Kickstarter, but did not achieve its funding goal. Mediate BC is not endorsing this product but we think it is definitely worth taking a look to see what the future might hold!

  • What do you think about OTTER?
  • Do you think early awareness and education for children about effective conflict engagement is important?
  • How do you think technology can assist?
  • What dispute resolution projects are you involved with for children and youth? Is technology playing a critical role?

Share in the comments below!