Duration

INCIDENT INVESTIGATION SKILLS AND TECHNIQUE

2 days

Overview

Conducting workplace investigation is a challenging task as it can be expensive, time consuming and disruptive to organisational morale.

A well run investigation can enhance a company’s welfare which can help detect and recover the source of loss assets, identify responsible perpetrators and recover losses. It can also provide a solid defence to legal challenges raised by sacked or disgruntled employees.

Most importantly, an effective internal investigation will signal to other employees that the organisation will not tolerate any form misconduct.

Course Objective

Upon the completion of this programme, the participants will be able to :

Avoid the legal landmines surrounding investigations
Plan strategically: Take the critical steps necessary to ensure liability free results
Effectively interview witnesses to uncover the real story
Compile and analyze physical & documentary evidence (Basic Understanding of Law of Evidence)
Draft final report and execute appropriate action
Manage workplace during and after an investigation
Prevent retaliation and future workplace misconduct

Who Should Attend?

HODs, HR Managers, Middle Management Employees, Executives, Security Managers, Safety Managers

Training Methodology

Highly Interactive Session, with a bilateral approach to the subject matter allowing participants to share incidences at respective work locations.
Short Video Presentation
Mind Mapping and Recap Sessions
Workshop Session – allowing participants to have a hands on participation in the application of Planning, implementation, execution and compliance inspections strategies and work in synergy with other participants
Case Studies on various reported Cases
Ice Breaking / Monotony Breaking Sessions – Purpose of rejuvenating the mind

Key Content

Module 1: Incident Process Flowchart

Report, Investigation, Evaluation of Findings, Consequence Management Action Plan
Whistleblowing Channel – Receipt of an Incident Report via Whistleblowing Channel
Managing Investigation Process – Before, During and After an investigation.
Impact and Aspect Analysis on organization that disrupts Business Continuity – Direct and Indirect
Statistics of adverse impact on organization due to ineffective Investigations and Consequence Action

Module 2: Fundamental Principles of Investigation

Legal Consideration for internal investigations
Law of Evidence – General Principles and Requirement.
Burden of Proof
Admissibility of Evidence
Evidence collation
Direct Evidence
Circumstantial Evidence
Similar Fact Evidence
Ethical Standards
Role and Criteria for Investigative Officers

Module 3: Standards for Investigation

Standard of Proof
Common Standard
Investigation Standard

Module 4 : Identifying the Purpose of the Investigation

Why is it necessary
The objective of the investigations

Module 5 : Preparing an Investigation Plan

The vital steps to be taken to prepare for every investigation undertaken.
Selecting the right investigator for optimal results
Establishing essential policies and procedures that will guide and regulate the investigation and keep the investigator on the right track
How to recognize, gather and organize the information that will be needed during investigation
Establishing a "chain of custody' process to preserve physical and documentary evidence
– tagging / labelling
Lining up resources & investigation techniques:
Steps to take to prevent workplace violence from occurring during and after an investigation
Group Discussion and Sample of Investigation Plan will be shared

Module 6 : Incident Scene Management

Scene Visit
Marking / Demarcation of scene
Photography / Video Recording
Case Study /Role Play Session

Module 7 : Interviewing Witnesses

Interviewing Essentials (Listening Skills, Note Taking, Rapport, Observatory Skills)
Interview Standards
Making the most of your witness interviews
Maximising chances of gathering critical evidence
The importance of maintaining a neutral stance until all of the facts are in
Taking notes and statements from witnesses and the pros and cons of recording interviews
Confidentiality issues: What the investigator must advise witnesses of from the start
When is an employee entitled to have their union representative or lawyer present?
Getting witnesses to open up: Asking the appropriate questions that elicit the vital information needed without provoking defensiveness or liability
How to read body language and respond appropriately
Strategies for successfully dealing with hostile and reluctant witnesses
Case Study / Role Play Session

Module 8: Compiling and Analysing Physical and Documentary Evidence

Creating supporting documentary evidence without creating liability
Document control essentials and record keeping: How to manage the information gathered to have it work to the benefit of the company
Analyzing the information gathered and applying the facts to applicable laws or policies to reach an appropriate, reasonable and legally defensible conclusion
Close Circuit Television Camera (CCTV) evidence

Module 9: Drafting Final Report and Consequence Management Plan

Recognizing what courts would look for in the event of criminal prosecution
Rules of Confidentiality
Techniques of ensuring confidentiality
Recommending prompt, appropriate action
Avoiding liability for defamatory statements by sticking to the facts
Taking appropriate disciplinary action based upon the final report
How to achieve closure when investigation is inconclusive
Strategies for presenting your recommendations to management in order to achieve consensus
What can or should be said to co-workers about findings or recommendations:
Case Study
Workshop
Participants will be divided into groups and are given a scenario to apply the above said principles.
Wrap Up
Mind Mapping and recap

Programme scope, delivery arrangements and suitability are confirmed during enquiry.