Preparing HR Teams for Ombudsman Investigations

Welcome to "Preparing HR Teams for Ombudsman Investigations," a comprehensive course designed to equip Human Resources professionals with the critical skills required to manage workplace investigations that meet the rigorous standards of external oversight bodies. Workplace investigations do not occur in a vacuum; they are strictly governed by a web of legislative requirements and ethical obligations. This program navigates the complex landscape of workplace conflict, examining specific legislative frameworks—including the Public Sector Act 2022 and the Fair Work Act 2009—to ensure your internal processes are robust, procedurally fair, and capable of withstanding scrutiny.

This course is structured to follow the chronological flow of a workplace issue, guiding you through every stage of the investigative lifecycle. We begin in Chapter 1 by assessing whether a formal investigation is necessary or if alternative management actions, such as mediation, are more appropriate. Chapter 2 moves into the logistics of establishing a framework, covering the drafting of precise Terms of Reference and the selection of unbiased internal or external investigators. Chapter 3 covers the execution phase, detailing interview techniques, evidence gathering, and the importance of maintaining confidentiality. In Chapter 4, we examine the regulatory landscape, focusing on the Fair Work Ombudsman’s strategic enforcement principles. Finally, Chapter 5 concludes with the writing of the investigation report and the post-investigation decision-making process.

Throughout the training, we emphasize core principles such as procedural fairness, the rule against bias, and the civil standard of proof known as the "balance of probabilities." Participants will learn how to navigate complex "he said, she said" scenarios, apply the Briginshaw test regarding the strength of evidence, and manage the psychosocial safety of all parties involved. By integrating insights from the Association of Workplace Investigators and the Queensland Public Sector Commission, this course ensures that your decision-making processes are defensible and compliant.

Key Learning Outcomes:

• Assess and Triage Complaints: Learn to determine when a formal investigation is required versus when alternative resolution strategies or mandatory referrals to bodies like the Crime and Corruption Commission (CCC) or Police Service (QPS) are necessary.
• Establish Robust Frameworks: Master the art of drafting neutral Terms of Reference and selecting the appropriate investigator to ensure independence and eliminate conflict of interest.
• Execute Fair Investigations: Acquire skills in evidence gathering and interviewing while adhering to the principles of natural justice and maintaining the duty of care toward complainants and respondents.
• Understand Regulatory Enforcement: Gain insight into how the Fair Work Ombudsman prioritizes cases and utilizes enforcement tools, from compliance notices to civil litigation, to minimize legal risk.
• Report and Decide: Learn to write logical, evidence-based investigation reports and separate the role of the fact-finder from the decision-maker to ensure just and transparent outcomes.

Whether you are dealing with allegations of bullying, corrupt conduct, or underpayment, this course provides the essential knowledge to conduct investigations that maintain trust, integrity, and safety within the workplace.