The ‘reasonable person’ test is one of those legal quirks that form an enduring part of the common law, despite being very hard to actually define. One human causing damage to another is certainly a tale as old as history itself. And judges in various forms have always had the task of determining if the […]
Jill McMahon – Wednesday, June 29, 2016 Corruption is a huge problem for Australian organisations because it exists in so many places and in so many forms that the average manager may not even consider it an issue. Left unchecked, even minor corrupt behaviour can spiral out of control. Using legitimate processes is […]
We understand that it can seem unfair when the label ‘bully’ crops up in the workplace – particularly when no harm was ever actually intended. We’re all aware of the importance of intent when we look at matters in the criminal space; without identifiable intent, any prosecution team certainly faces an uphill battle. […]
We know that for many employers, it can be rather challenging to face the complexities of work-related psychological injury claims. For decades, trip and fall incidents, burns, bending and other visible physical injuries all tended to dominate workplace safety concerns for both employers and insurers alike. Now, with medical advances drawing solid links between employment issues […]
Jill McMahon – Wednesday, June 08, 2016 While workplace corruption can take many forms, it can also exist in silence and censorship. A corrupt group of workers may keep silent about their activities, or they may impose silence or censorship on others to ensure that their conduct is not reported. This makes corruption very difficult […]
We’re all guilty of it: we ask a question that we don’t really expect to be answered in full. We’ve been socialised to do this; “how’s it going?” really means “I see you.” The usual answer “good” completes the interaction, but often isn’t even true! Investigators have to learn to listen. And listening well means […]
We see many cases where negative emotions arise at work. And it’s certainly not unusual for employees and employers to sprinkle angry discussions with yelling and/or expletives. Yet when does bad language warrant a strong reaction from the employer – or even dismissal? Two recent cases demonstrate that violent or offensive communication can certainly lead to […]
The saying “safety in numbers” can apply to so many situations. For example, a group of students may be more empowered than an individual to stand up to a school bully. Walking dark city streets with a group of people may be safer than walking alone. The list goes on. But the term can also […]
Teamwork. It can really lift the performance of an organisation. But what happens when employees use teamwork to act against an employer or other employees who refuse to engage in corrupt conduct? When employees start using their alliances and networks for corrupt activities, we have seen the concept of teamwork sour – and organisations […]
Sometimes you just can’t or shouldn’t conduct a misconduct investigation in-house. Where there are conflicts of interest or specialist skills required, organisations may be best suited to engaging the services of a private provider to obtain the information required for the business to make the right decisions. But how do you know if the […]