Certified Training Programme for Misconduct Investigations

‘Misconduct’ in the workplace is, in its simplest, any breach by a contracted person of the organisation’s conduct policies, rules and procedures. Misconduct comes in many forms, and can occur outside the physical workplace, if still relevant to the policy. A broad definition is ‘bad behaviour by an employee’, but it involves anyone with any contractual commitment to the workplace or organisation including third-party vendors, consultants, and associates.

Examples of misconduct vary and can include any failure to comply with the rules set out by the organisation, as well as any behavior that damages the organisation’s reputation and community standing.

As an example, the term sexual misconduct covers harassment of one person to another, also unwarranted comments or gestures of a sexual nature as well as the more serious, sexual assault and exploitation. Harassment is generally any improper or unwelcome conduct that reasonably can be understood as offensive or humiliating to another person.

Another example, the term fraudulent misconduct has a specific definition, usually mirrored in each organisation and includes all fraudulent behaviors where there will be a financial benefit.

Firstly, by providing efficient reporting mechanisms in the workplace so that misconduct can be reported easily, anonymously (if needed) and promptly.

Ensure timely investigations of such misconduct or wrongdoing, with a fair examination of the gathered evidence, with investigations conducted by investigators who understand and embrace objectivity and impartiality, and wish to see the workplace as a safe, respectful, and fair environment for all.

Practical measures such as transparent workplace investigations that uncover the probable truth and help identify workplace misconduct patterns ultimately assist in preventing future issues.

Establishing a workplace culture that fosters a zero-tolerance working environment sensitive to the needs of all, and places importance on awareness, integrity, respect, impartiality, accountability, and transparency will help create a shared vision for all to place the interests of the organisation above their own. Regular training and education on all matters relevant to the organisation’s policies and procedures is vital.

Providing tools, internal controls, and practices that help prevent the occurrence of misconduct, as well as developing robust measures for detection and an efficient reporting system will assist in the monitoring and in conducting assurance activities over key processes. Due diligence and regular audit and evaluation or assessment of the control activities/practices to ensure risks are identified and mitigated, and organisational objectives are being met is crucial.