In the often stormy seas of workplace investigations, the issue of investigator bias lurks in the undercurrents, a trap for the unwary employer. One of the most regular complaints we hear from people who have been the subject of an investigation is that the investigator was biased and the decision was predetermined, and they […]
Rules of evidence exist to ensure that court hearings are properly and fairly conducted. They are enshrined in legislation. To be admissible, each piece of evidence must satisfy all the checks and balances set out in the legislation. EVIDENCE AND THE Fair Work Commission (FWC) The FWC is not bound by the rules of evidence […]
Not all communications are fair game in legal proceedings. Many are protected by a concept known as legal professional privilege (LPP). LPP allows parties to seek and consider legal advice without fear of disclosure, but there are also strict rules about when LPP exists, and when it is waived. This has been brought sharply […]
The start of a new year is a great time to do away with the conflicts of the past, to focus on positivity, and to improve the workplace for the benefit of everyone. Here’s how a little positive psychology and the use of workplace mediation to deal with any lingering disharmony can help to create […]