By ALISON PAGE, Legal Counsel – Earlier this year, the Queensland Civil and Administrative Tribunal determined a sexual harassment case in which the Tribunal member described the employer’s initial investigation as ‘bungled’.* The Tribunal accepted that the HR department was hard pressed, understaffed and overworked. However, the cautionary tale from this case is that this […]
As investigators we are often asked to assess the credibility of a witness: it’s the client question I most dislike. As an investigator with a background in psychology and witness memory, I am far more interested in the reliability of their evidence. It is true, for example, that the drinking habits of a witness […]
A basic understanding of criminal law – especially the powers and responsibilities of the police – can make for better decision-making and better outcomes for employers in criminal cases of workplace misconduct. WISE Workplace has handled a few cases recently where the employer or HR manager either hasn’t understood the role of the police in […]
The Fair Work Amendment Bill 2013 has just passed in the Senate, and come January 2014 HR managers will have to consider more carefully how their organisation responds to complaints of bullying. The primary source of information in any complaint is the people involved; the complainant, the accused and co-workers who may have witnessed the […]
A starting point for any court of law when assessing the legitimacy of an administrative decision is fairness – procedural fairness Now that Safe Work Australia has released the draft model code for bullying in the workplace, employers need to ensure that procedural fairness is at the heart of their response to bullying issues. A […]
New federal legislation passed this month means employers will need to pick up their game when managing complaints of workplace bullying. Prevention is the best place to start. However, putting in place suitably qualified staff capable of conducting robust investigations and managing difficult cases is an essential strategy for any employer. Previously, the investigation of […]
Joanne was keen to take up a new position in an office she had previously worked in. She looked forward to working with former colleagues. But far from being greeted with the bonhomie and friendship she had been familiar with, she was met with the cold shoulder. Excluded from morning teas and team lunches, no […]
By Jo Kamira The Fair Work Commission ordered compensation to an employee dismissed for theft and other misconduct last month in a case that highlights the need for even the smallest of companies to conduct proper investigations before summarily dismissing employees. In our experience, many small business owners believe they aren’t subject to unfair […]
The respondent interview can be particularly challenging in an investigation. What may at first seem like a simple matter, often evolves into a more complex case after only the first interview. How do investigators handle some of the key issues around respondent interviews? Here are my responses to some commonly asked questions. Can you dismiss […]
“Alison and I are thrilled to be a Bronze winner in the Business/Career/Sales category of the IPPY Independent Publisher Awards 2013, getting the recognition for the effort that has gone into the book is very satisfying”. Our book was selected from over 5000 international entries and the award ceremony will be held in New […]