Fact-finding Investigation
A method for investigating offensive behaviour
A fact-finding investigation is a methodological approach designed to examine a report of offensive behaviour in the workplace. By law, employers are required to investigate all complaints related to offensive behaviour, including bullying and sexual harassment.
By utilising a fact-finding investigation as your method, you ensure that employers are able to make informed decisions based on a thorough investigation, rooted in both ethical and psychological perspectives. This allows your organisation to address and put an end to offensive behaviours, focusing on decency and fairness for all parties involved.
Where does the fact-finding investigation originate?
Fact-finding is an evidence-based methodology developed by Ståle Einarsen, a leading Norwegian psychologist and researcher in the field of occupational safety and health, Helge Hoel, Professor Emeritus in Organisational Psychology, and Harald Pedersen, a lawyer specialising in occupational safety and health law.
The method is detailed in the book Faktaundersøkelse – metodikk i vanskelige arbeidsmiljøsaker, published by Gyldendal Norsk Forlag in 2017.
What does it mean when ‘offensive behaviour’ occurs in the workplace?
‘Offensive behaviour’ is an umbrella term that encompasses sexism, sexual harassment, harassment in general and bullying, and it can occur at any level within an organisation.
According to a 2022 study conducted by the National Research Centre for the Working Environment (NFA), it is estimated that 22.2% of Danish employees have, within the past year, experienced unwanted sexual attention or harassment at work. This makes offensive behaviour one of the leading psychosocial risk factors in the workplace.
Offensive behaviour impacts both the individuals directly affected and the organisations in which these incidents occur.
Krænkende handlinger er en samlebetegnelse, der dækker over sexisme, seksuel chikane, chikane og mobning, og kan forekomme på alle niveauer på arbejdspladsen.
An investigation that ensures safety for all parties
If your organisation finds itself in a position where a fact-finding investigation is necessary, it is often a highly sensitive situation for the company and not least for the individuals involved. When you choose to work with Human House, we guarantee that your investigation will be conducted by certified fact-finding specialists.
Why should your organisation choose a fact-finding investigation?
The objective is to shed sufficient light on the case so that the employer can take appropriate action based on a well-informed decision-making process.
The method tests the facts against the complaint’s allegations, referencing the Working Environment Act (arbejdsmiljøloven), relevant guidelines from the Danish Working Environment Authority (Arbejdstilsynet), the Equal Treatment Act (ligebehandlingsloven), and the company’s own policies and procedures.
Behaviours are measured against standards viewed in the context of cultural and historical developments.
The investigation report is prepared according to the principle of contradiction. This means that when claims have been made against someone, the individual has the right to be informed of these, given the opportunity to respond, and if possible, to correct them.
The method ensures that workers and the issues at hand are treated seriously and responsibly.
The investigation concludes whether the complaint is substantiated and enables the organisation to bring cases of offensive behaviour to a close.
How a fact-finding investigation is concluded | step by step
Determining the mandate
The first step is to establish the mandate for the investigation.
Interview round 1
Directly involved parties are interviewed.
Interview round 2
Witnesses are interviewed.
Collection of documentation
Documentation may, for example, consist of lawfully obtained written or electronic materials such as minutes, photographs, text messages, etc.
Analyse og rapport
På baggrund af indsamlet data foretager faktaundersøgeren analyse og udarbejder en rapport.
Feedback
Feedback is provided to the mandate holder, who can – on the basis of a documented, fact-based report – implement any necessary sanctions and subsequent recovery measures.
Feedback to the parties
Feedback is also given to the directly involved parties, which can be handled by Human House, the mandate holder, or the employer.
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