An ever-increasing key dilemma for employers in the modern age is how to deal with the misconduct by staff through their use of social media platforms. The list of potentially offending conduct is lengthy. For example, staff might call in sick but then post details of their activities on social media. Employees could post inappropriate, […]
Employers often face a quandary in dealing with underperformers, and whether to place them onto a performance management program. It’s essential that any such move can always be considered to be ‘reasonable management action’ in response to inappropriate behaviours or inadequate or unsatisfactory performance, and not simply a way of bullying an employee. Let’s take […]
When conducting investigations in the workplace, senior staff and human resource managers often have to deal with uncooperative respondents. Understandably, this can significantly hamper the progress of the investigation. WHat is an uncooperative respondent There are many ways in which the smooth running of an investigation can be negatively affected by an uncooperative respondent. This […]
One of the more difficult aspects of managing an employment relationship is appropriately dealing with complaints, both from the perspective of the complainant and the accused. This is made even more complicated when a reluctant complainant brings something to the attention of Human Resources or management, then does not want it investigated. We examine why […]
Like schoolyard bullying, workplace bullying is far from a new phenomenon. When people who may not have much in common outside work are thrust together on a daily basis, there are bound to be disputes, friction and potentially even outright hostility. Of course, any serious matters need to be dealt with by conducting a […]
For employers, the completion of a workplace investigation can feel like the end of a marathon. The relevant issues have been aired and discussed, a report delivered and decisions made. However, it is also important to effectively share relevant information with affected parties and the broader organisation as the investigation process draws to a close. […]
It is one of society’s great shames that our most vulnerable individuals are often open to abuse by those entrusted with their care. However, it is somewhat edifying to know that stringent legal and regulatory measures are in place in Australia to ensure that employers and others act quickly when allegations arise of abuse in […]
There can be many questions, fears and insecurities that arise in the course of a workplace investigation. Experienced investigators are often asked by witnesses and other staff to divulge what has been said and by whom. This is unsurprising; after all, for one or more people their reputation and/or job could be on the line […]
When conducting a workplace investigation, it is essential that there is consideration given to maintaining an appropriate balance between professionalism, impartiality and empathy. By ensuring that this balance is maintained, employers are best able to protect the interests of staff, and safeguard against allegations of inappropriate conduct during the investigatory stage. the need for professionalism […]
When a workplace investigation is required, there may occasionally be good reason to seek legal professional privilege regarding the findings. This is particularly the case in matters that may require criminal investigation, such as fraud, theft or sexual harassment. So, is it sufficient to engage a law firm when undertaking workplace investigation if you wish […]