In the event of an allegation of child sexual abuse in the workplace, it is essential that immediate steps are taken to ensure the safety of any child allegedly involved. Following from this crucial first response, mandatory reports need to be made to the relevant statutory child protection authorities and subject to any police […]
DetailsOne of the most challenging and important tasks undertaken by a workplace investigator is the analysis of the evidence that has been gathered during the course of the investigation. Key questions to consider include: What evidence should be contained in the investigation report? How do I analyse what I have gathered? How does this […]
DetailsOccasional conflicts and disputes are a fact of life in all workplaces. One of the best ways to defuse difficult situations, resolve office concerns and keep your staff happy is mediation. But even though this is a potentially very effective device in the employer’s toolkit, workplace mediations can go wrong. Let’s take a look […]
DetailsIt is important for employers to keep procedural fairness top of mind when conducting workplace investigations or taking disciplinary action. Failing to do so can result in terminations being deemed unfair, as the recent Fair Work Commission decision of Nicholas Jarmain v Linfox Armaguard Pty Ltd [2018] FWC 3255 (14 June 2018) shows. background […]
DetailsWith the conclusion of the Royal Commission into Institutional Responses to Child Sexual Abuse, Australian organisations are now on notice in relation to their ongoing child protection reporting obligations. Mandatory reporting of particular conduct or convictions is a strong means of ensuring that those who care for the most vulnerable in our community, do […]
DetailsParties involved in a workplace investigation will often wish to gain access to documents that form part of the process. A difficult question for investigators is when – or if – it will be appropriate to release particular information. The reason for the request and the nature of the information will be key considerations, […]
DetailsAt any given time, there are multiple generations operating in the workforce: new starters, more established professionals and those heading towards retirement. While this can create a diverse positive workplace, where a range of different experiences, attitudes and learnings can be shared, it also creates a possible environment for age discrimination. Age discrimination can […]
DetailsExperienced workplace investigators are well aware that when two or more people are in dispute, there will inevitably be differing perspectives on what ‘the truth’ might look like. Contentious workplace issues can often play out in a ‘he said, she said’ fashion, with one allegation being closely followed up by a second person’s counter-allegation. […]
Details