In the often stormy seas of workplace investigations, the issue of investigator bias lurks in the undercurrents, a trap for the unwary employer. One of the most regular complaints we hear from people who have been the subject of an investigation is that the investigator was biased and the decision was predetermined, and they […]
Rules of evidence exist to ensure that court hearings are properly and fairly conducted. They are enshrined in legislation. To be admissible, each piece of evidence must satisfy all the checks and balances set out in the legislation. EVIDENCE AND THE Fair Work Commission (FWC) The FWC is not bound by the rules of evidence […]
Not all communications are fair game in legal proceedings. Many are protected by a concept known as legal professional privilege (LPP). LPP allows parties to seek and consider legal advice without fear of disclosure, but there are also strict rules about when LPP exists, and when it is waived. This has been brought sharply […]
The start of a new year is a great time to do away with the conflicts of the past, to focus on positivity, and to improve the workplace for the benefit of everyone. Here’s how a little positive psychology and the use of workplace mediation to deal with any lingering disharmony can help to create […]
Jill McMahon – Monday, January 25, 2016 Here at Wise Workplace, we’ve been focused recently on reviewing the past in order to learn for the future. Last week’s blog, part 1 of our two-part series on lessons employers can take from 2015, highlighted some important case law around the themes of bullying and the definition […]
Jill McMahon – Monday, January 18, 2016 It’s a good time to take stock and reflect on the year that was. The cases that hit the headlines in 2015 had some important messages for employers with some common themes. In this article, the first in a two-part series, we will look at how the Fair […]
Everyone loves perks – they are quite often what makes a job just that bit more enjoyable. The benefits of on-the-job perks were clear in the film The Devil Wears Prada for example, in which the heroine sought a makeover at her fashion magazine employer as a last-ditch effort to save her job. She went […]
A recent decision of the Victorian Supreme Court in the case of a Melbourne teacher who was sacked for having a relationship with a student after she left school raises some serious questions about child protection, and shows how discrimination laws worked against a school that was acting to enforce child protection principles. […]
Jill McMahon – Monday, December 14, 2015 /* Style Definitions */ table.MsoNormalTable {mso-style-name:”Table Normal”; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:””; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin-top:0cm; mso-para-margin-right:0cm; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0cm; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:Calibri; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin;} The issue of circumstantial evidence can often arise in workplace investigations, and there can sometimes be confusion about how to […]
Secret Santa, also known as Kris Kringle, is a gift-giving tradition celebrated by workplaces all over Australia. Although popular, it also has the potential to go wrong. Following on from our article on hosting incident-free work Christmas parties, we take a look at the potential risks of the office Secret Santa, and what preventative […]