It is primary responsibility of the management to commit to create an atmosphere in which all people feel safe and can work together without any discrimination and/or harassment.
It works well when there are sound rules and procedures are in place to deal with any complaints related with harassment and may required to investigate.
In the Indian context, after enactment of POSH - Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 , it is mandatory on the part of the management to follow guidelines provided under act while dealing with complaints about sexual harassment against women at workplace and proper Investigation into the complaint.
What Is an Investigation?
A workplace investigation commences when an investigator is tasked to enquire into a workplace issue and come out with conclusion and findings. Investigations are most often initiated when an employee comes forward with a complaint regarding inappropriate behavior in the workplace.
Occasionally, an employer may become suspicious that an employee is engaging in misconduct and /or unethical behavior and wants more information by way of investigation before taking action as per applicable service rules or Model Employment Standing orders as applicable.
Selection of the Investigator :
It is advisable to appoint third-party to investigate into the matter, in situations like;
Serious or complicated issues.
Highly sensitive information that needs to be contained.
Senior people in the organization who may have undue influence over an internal investigator
The investigator should possess all the following:
An ability to investigate objectively without bias.
No stake in the outcome. The investigator should not have a personal relationship with the involved parties.
Skills that include prior investigative knowledge and working knowledge of employment laws.
Strong interpersonal skills to build a rapport with the parties involved and to be perceived as neutral and fair.
Attention to detail.
The right temperament to conduct the investigation
We undertake the investigation mandates to complete the investigation objectively as we have skill and ability to conduct the investigation by following due process of law.