Workplace mediations can be valuable tools for expelling conflict from the workplace without resorting to litigation. There are many possibilities for their use, including resolving conflicts between employees, managing an employee’s work performance, and introducing operational changes. But mediations can swiftly sail into hot water when one of the parties becomes difficult to deal with. […]
So much of our lives are lived online these days, and even workplace bullying has made the leap to cyberspace. As one recent case before the Fair Work Commission (FWC) illustrates, employers need to be vigilant about what happens both in the office and online, as bullying spills beyond the boundaries of the physical workplace […]
It’s a delicate balance; how do you encourage employees to speak up about bullying and harassment in the workplace if they fear doing so will harm their career? This is a central issue stemming from the release of a draft report into harassment, bullying and discrimination in the practice of surgery. The report, released earlier […]
In April 2015, at the launch of her new book, senior surgeon Dr Gabrielle McMullin sent shockwaves through the medical community. She declared that junior female surgeons and surgical students would be better off acquiescing to requests for sexual favours by their senior male colleagues, as refusing requests or taking action against them would be […]
The current Royal Commission uncovering shocking examples of institutional child abuse has brought the issue to the forefront of our national consciousness. It is perhaps unsurprising, then, that some authorities get jittery about their role in protecting such a vulnerable section of the population. But sometimes, the very system that is supposed to protect in […]
In hindsight, a workplace bullying situation can seem both regrettable and avoidable. Yet time and again, we find that the circumstances leading to the making of a bullying complaint were predictable, or at least displayed a reasonable risk of complaints of bullying occurring. What we can all agree on is by the time a complaint […]
It is not uncommon that following a workplace investigation, the former employee raises allegations that the process was procedurally flawed. In addition to considering the investigation process, we need to be aware that the standard of proof used to make any findings may be called into question. In other words, although the investigator may […]
There are special skills that come into play during any workplace investigative interview. Particular care is needed, however, when non-criminal elements of a child-related issue are under investigation. Criminal and civil investigative processes might both be required for the one workplace matter, and within each approach the challenges can be considerable. Child-related complexities At first […]
Choosing an investigator to conduct your workplace investigation can be a complex task. Do you look internally or externally? What are the features of a high-quality workplace investigator? And what common problems can arise along the way? Common issues that employers should consider include: How confidentiality and fairness are to be balanced. How quality will […]
The Fair Work Commission (FWC) has issued a formal ruling for a Stop Bullying Order under section 789FF of the Fair Work Act. It’s the first formal ruling since the anti-bullying provisions of the Act came into effect on January 1, 2014. The Details of the case In the ruling on August 5, the […]