During the seventies and eighties, organisations started to realise that the improper use of power and authority and undeclared and/or ineffectively managed conflicts of interest, posed a significant risk to their integrity and public trust. The requirement for ethical business dealings focuses the spotlight on conflicts of interests and the factors involved in creating […]
Should the outcome of a workplace investigation be taken on review, the integrity of the evidence, amongst other aspects, will come under scrutiny. In cases where documentary evidence is relevant, it can be valuable to present expert evidence or obtain an opinion from a document examiner. But as a recent NSW case involving document […]
When faced with an allegation of serious misconduct made against a worker, an organisation may seek to suspend the respondent. But in what situations is it appropriate to take this kind of action? tHE LEGALITY OF SUSPENSION When taking the significant step of temporarily suspending an employee, an organisation must be able to demonstrate […]
A disproportionately high number of allegations of bullying in emergency services and other high stress environments have led to a referral to the NSW parliament for an inquiry in May 2017, looking at the policy response to bullying, harassment, and discrimination in certain emergency services. A review is also being conducted by the Victorian […]
In every workplace, there will eventually be a situation where an investigation needs to be carried out into an employee’s compliant or conduct. One of the most crucial aspects of conducting workplace investigations includes preparing an investigation report which can be relied upon for any future purpose, including carrying out and implementing disciplinary action […]
A decision by the Queensland Court of Appeal highlights why employers must take into account the needs of workers with an acquired brain injury, in order to avoid being considered to have discriminated against them. In Chivers v State of Queensland (Queensland Health), the Court of Appeal heard a case pursued by Ms Chivers, […]
The National Disability Insurance Scheme (NDIS) was introduced in mid-2013 to facilitate a support system for disabled Australians. In many ways, this has begun to streamline and simplify the process whereby many thousands of Australians under the age of 65, who have sustained a permanent and residual disability, are able to access healthcare services. […]
Aged care providers have been in the media spotlight in recent weeks. While some are alleged to have financially exploited the elderly others are alleged to have provided a substandard level of care. Research conducted by Curtin University in 2015 suggests that some 167,000 older Australians may be subject to abuse annually. Like many […]
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 […]
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 […]