The most vulnerable members of our society are generally those with disabilities, the very young and the elderly. People who are vulnerable are at greater risk of being abused or otherwise mistreated, especially in residential care facilities. This is currently being made distressingly clear at the aged care Royal Commission. We discuss what elder […]
A workplace investigation can be a traumatic and emotional event for everyone involved. Let’s take a look at how an organisation can move forward after a workplace investigation, regardless of whether the complaint has upheld or if any disciplinary action has been taken. WHAT happens when an investigation is concluded? After the investigative process […]
Any sphere in which humans interact with each other is likely to involve certain levels of conflict. This is certainly the case in the workplace, where employees are required to spend significant amounts of time with people they may not otherwise choose to be involved with. Although workplace conflict is unavoidable, it does need to […]
In the highly-anticipated decision of Comcare v Banerji, the High Court has found it is not unconstitutional for the federal government to restrict the rights of public servants to express their political views in a public forum. So what does this decision mean for employees, freedom of political communication and the right to free speech? […]
There is a high likelihood that every employer will have to deal with action – or at least the threat of action – involving the Fair Work Commission (FWC). Let’s take a look at the role of the FWC, and the importance of a defensible investigation report in the event an employee lodges a claim. […]
When a workplace investigation is coming to an end, one task can seem deceptively simple – making findings. It might seem that because all the information is now available, the investigator can surely just state ‘the obvious’ in their report. Yet as with most tasks in the investigative process, quality outcomes require much greater consideration […]
To say that a workplace investigation report is an important document is certainly something of an understatement. Following the investigation, the report will be relied upon for all manner of significant organisational decisions, tasks and action. As a result, it is essential that workplace investigators create a professional, transparent and unbiased document. ONE REPORT, MANY […]
Workplace bullying can sometimes be difficult to identify. After all, people from many different walks of life are thrown together in a working environment, and this will often result in personality clashes and natural disagreements. Not everybody in the office will be friends with each other. So how can you tell when something has strayed […]
In any workplace investigation, there will be multiple competing factors for an investigator to consider. One core issue is developing the appropriate interview strategy. Investigative interviewing requires careful consideration of the purpose of the investigation, and exactly who will be interviewed. There is also the question of tone – ensuring that the interview remains cordial […]
During the process of conducting workplace investigations, it is generally necessary to prepare letters of notification, and later, letters of allegation. We take a look at the difference between the two, and provide some tips on how to prepare these important documents. notifying the parties involved The letter of notification serves as confirmation that an […]