Natural Justice – Privacy and Reliance on Covert Workplace Surveillance

  In a recent decision of the Fair Work Commission (FWC), a nurse has been reinstated following her termination in circumstances where covert video surveillance was the ‘sole foundation’ of allegations against her. The FWC also found that her employer’s human resources department acted incorrectly and inappropriately in the circumstances surrounding her dismissal. facts of […]

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Performance Management to Avoid Bullying Complaints

  Staff who are subject to increased employer supervision or performance management may feel that they are being personally victimised, attacked or even bullied. It may be difficult to distinguish between reasonable performance management and bullying, especially when the worker involved is sensitive by nature, has personal stress factors, fails to acknowledge their own performance […]

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Protecting Whistleblowers During Workplace Investigations

  Feedback from employees is crucial to employers wanting to keep their finger on the pulse of a business. It is essential for management to be aware of risky behaviours occurring within a workplace, such as bullying, circumstances giving rise to easily preventable worker’s compensation claims, failure to comply with regulations, corruption, or even criminal […]

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Is Your Complaints Procedure Effective?

Risk management is an important aspect of running a successful business: Whether this takes the form of ensuring compliance with corporate governance programs, reducing instances of workplace fraud or financial misconduct, or eliminating bullying or other forms of harassment. Having a strong and coherent whistleblower program in place can help protect your organisation’s interests in […]

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How Can HR Support Staff During a Workplace Investigation?

Where a complaint has been made by one staff member against another, and a workplace investigation takes place, all kinds of emotions can be running high. People participating in a workplace investigation, whether as complainants, respondents or even witnesses, can suffer symptoms of mental health issues such as depression and anxiety, as well as emotional […]

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Handling a Paranoid Response to Workplace Investigations

In conducting workplace investigations, both the alleged victim and perpetrator and potentially even witnesses may have an intensely personal reaction to the accusations. But what happens if one of the people involved in a workplace investigation has a mental illness or otherwise suffers from poor mental health? In this situation, a workplace investigation can be […]

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Restrictive Practices vs Assault

It is well-known that certain industries, particularly those involving disability or aged care services, have a higher than average level of client-facing risk. This is in part because consumers of these services generally have higher levels of physical needs, and may also have difficulties expressing themselves clearly or consistently. As a result of these unique […]

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ACT Launches Reportable Conduct Scheme

If there’s one thing that’s been made clear from the recent Royal Commission, it’s that the protection of children and the reporting procedures around child abuse need to be improved. In August 2016, largely in response to the commission, the ACT Government passed legislation designed to cast a ‘wider net’ when it comes to the […]

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