How to Navigate Counter Allegations in Investigations Natasha Kennedy-Read and Vince Scopelliti – Friday, February 14, 2020 It is not unusual when investigating allegations such as sexual harassment, bullying or theft for the person accused of the misconduct to make a counter allegation. This in turn can generate further counter allegations, making it difficult for […]
Natasha Kennedy-Read and Vince Scopelliti – Wednesday, February 19, 2020 The rules around when staff can be terminated while they are on leave can be a source of consternation for management and human resources professionals. The consequences of getting it wrong are demonstrated in the recent Fair Work Commission decision of Tuan Nguyen v Adelaide Fencing […]
How Fact-Finding and Disciplinary Investigations Differ Vince Scopelliti – Tuesday, February 25, 2020 When dealing with allegations of staff misconduct, employers must be able to clearly delineate between fact-finding and disciplinary investigations. This includes communicating the difference to staff involved in the process. fact-finding vs formal investigation A ‘fact-finding’ process is often a necessary preliminary […]
Vince Scopelliti – Thursday, January 23, 2020 The concept of whistleblowing was once frowned upon, or at the very least looked upon with trepidation. However, in recent years, the value of promoting whistleblowing as an acceptable way to improve corporate regulatory compliance and culture has been demonstrated. In this changing landscape, organisations are embracing whistleblowing […]
Vince Scopelliti – Thursday, January 16, 2020 Volunteers can be a fabulous resource in any business. Generally, they bring enthusiasm, true passion for the organisation’s ethos and purpose, and a “can-do” attitude to the job. However, volunteers in the workplace can also bring their own set of challenges for organisations. Even though they are not […]
Vince Scopelliti – Wednesday, January 29, 2020 Perhaps one of the most vexed issues employers face is how to terminate employees without exposing the organisation to the risk of a successful unfair dismissal action. In light of the 15 January updates to the Fair Work Commission (FWC) Unfair Dismissals Benchbook, these two unfair dismissal cases […]
Vince Scopelliti – Wednesday, December 18, 2019 The festive season is fraught with concern for employers. With many staff on leave and those who remain letting their proverbial hair down (often with a beverage or three!) the holiday period can be a minefield. We take a look at when employees are still considered to be […]
Appropriately recording evidence is a crucial part of workplace investigations. For investigators, this can cause a significant dilemma as to whether it is preferable to rely on written statements, or obtain audio recordings of interviews conducted during the investigation. Here are a few of the main considerations for each method. Audio recordings An audio recording […]
Unsurprisingly, the access to pornography can be extremely problematic in the workplace. Not only does the access to pornography at work open up a minefield of possible harassment and other sexually motivated complaints, it contributes significantly to presenteeism (where staff are physically present but not concentrating on their jobs). Indeed, according to a report […]
Vince Scopelliti – Wednesday, November 27, 2019 It’s no secret that both the good and the bad can be on display at the annual work Christmas party. While smiles and good cheer can and should be the main features at an end-of-year bash, some unfortunate behaviour can also arise. Alcohol abuse, sexual harassment and aggressive […]