The procedure should detail how and when investigations will be done and what information might be included in the investigation. Maintaining privacy and confidentiality is an important element of the code of practice. Privacy legislation prohibits disclosing information about an incident or complaint unless it is necessary to investigate the incident, required to take corrective measures in response to the incident, or is legally necessary. Workers and others involved in an investigation must understand the requirements to protect privacy and confidentiality.
The person conducting the investigation must not be the respondent or have a direct reporting or supervisory relationship to the respondent. An objective person must conduct the investigation.
A worker who has reportedly experienced harassment and the respondent must be informed of the investigation results, including any corrective action taken or that will be taken. The employer must not disclose confidential information or performance management actions, but recommendations outside of this scope can be shared, such as if the respondent was ordered to take respectful workplace training or a refresher on the code of practice.
