Managing Misconduct over the Holidays

Vince Scopelliti – Wednesday, December 18, 2019 The festive season is fraught with concern for employers. With many staff on leave and those who remain letting their proverbial hair down (often with a beverage or three!) the holiday period can be a minefield. We take a look at when employees are still considered to be […]

Audio Recording or Written Statements?

Appropriately recording evidence is a crucial part of workplace investigations. For investigators, this can cause a significant dilemma as to whether it is preferable to rely on written statements, or obtain audio recordings of interviews conducted during the investigation. Here are a few of the main considerations for each method. Audio recordings An audio recording […]

Dealing with Pornography in the Workplace

  Unsurprisingly, the access to pornography can be extremely problematic in the workplace. Not only does the access to pornography at work open up a minefield of possible harassment and other sexually motivated complaints, it contributes significantly to presenteeism (where staff are physically present but not concentrating on their jobs). Indeed, according to a report […]

Responding to Bad Behaviour at the Christmas Party

Vince Scopelliti – Wednesday, November 27, 2019 It’s no secret that both the good and the bad can be on display at the annual work Christmas party. While smiles and good cheer can and should be the main features at an end-of-year bash, some unfortunate behaviour can also arise. Alcohol abuse, sexual harassment and aggressive […]

The Implication of Delays in Workplace Investigations

Conducting proper workplace investigations is a crucial component of effective business management. A failure to undertake an appropriate and timely investigation, can have significant consequences for the parties involved in the complaint, and potentially the legal outcomes for the business. An important aspect of any investigation is ensuring it occurs in a timely manner. WHAT […]

How to Prevent Sexual Harassment in the Workplace

Unfortunately, dealing with allegations of sexual harassment in the workplace is an issue for many employers. Sexual harassment can take many forms, and cases are rarely “open and shut”. Once allegations of sexual harassment or misconduct have been made, they must be appropriately investigated and dealt with. However, prevention is always better than cure. Let’s […]

When a Pre-Determined View Leads to an Unfair Investigation

Procedural fairness must be top of mind, for all organisations when conducting a workplace investigation. Failing to allow an employee sufficient time to respond to an allegation or taking a pre-determined view of the outcome of an investigation, for example, proceeding with terminating employment, can leave an employer open to an unfair dismissal claim. The […]

Supporting Mental Health in the Workplace

Employers understand that it is their responsibility to provide a safe workplace. Yet unlike physical health safety concerns and hazards such as lifting, tripping, sun exposure and dust reduction, many employers find themselves uncertain about how to support the mental health and wellbeing of their staff. The first and most powerful antidote to this uncertainty […]

Outsourcing or In-House Investigations?

For many businesses, one of the critical HR questions is whether investigations into alleged employee misconduct or misbehaviour should be outsourced or conducted in-house. Depending on the nature of the business and the complaint, it may not always be appropriate or cost-effective for investigations to be referred externally. However, in other circumstances, particularly when the […]

Police Involvement in Workplace Investigations

On occasion, police will become involved and/or need to be involved in the allegations from a workplace matter. In this situation, it’s important for employers to know what their obligations are, and to be aware of some of the challenges that can arise. So, let’s take a look at when police are or may need […]