Where a complaint has been made by one staff member against another, and a workplace investigation takes place, all kinds of emotions can be running high. People participating in a workplace investigation, whether as complainants, respondents or even witnesses, can suffer symptoms of mental health issues such as depression and anxiety, as well as emotional […]
In conducting workplace investigations, both the alleged victim and perpetrator and potentially even witnesses may have an intensely personal reaction to the accusations. But what happens if one of the people involved in a workplace investigation has a mental illness or otherwise suffers from poor mental health? In this situation, a workplace investigation can be […]
It is well-known that certain industries, particularly those involving disability or aged care services, have a higher than average level of client-facing risk. This is in part because consumers of these services generally have higher levels of physical needs, and may also have difficulties expressing themselves clearly or consistently. As a result of these unique […]
If there’s one thing that’s been made clear from the recent Royal Commission, it’s that the protection of children and the reporting procedures around child abuse need to be improved. In August 2016, largely in response to the commission, the ACT Government passed legislation designed to cast a ‘wider net’ when it comes to the […]
The matter of Matthew v Winslow Constructions Pty Ltd brings to light the importance of duty of care in a sexual harassment matter. The Supreme Court of Victoria has awarded an employee over $1.3 million in damages after finding that her employer was negligent in failing to provide a safe working environment and allowing her to […]
If you have been the victim of bullying, the HR department in your organisation is generally the first port of call for raising your concerns. It can be mentally or emotionally challenging to make a complaint to HR. You may feel exposed or vulnerable because you are concerned that your complaint may not be believed, […]
One of the most challenging aspects for employers attempting to deal with workplace bullying or misconduct is getting to the truth of allegations, especially in circumstances where the apparent victim’s version of events contradicts that of the alleged bully. Most of the time, this disparity can be put down to differences of opinion or misinterpretation […]
A wrap-up of the Children, Justice and Communication Conference at Portsmouth University, May 2017. Last week, I had the privilege of attending the Children, Justice and Communication Conference at Portsmouth in the UK. The conference is hosted by some of the world’s leading academics and practitioners working in the areas of child sexual exploitation, […]
The issue of workplace bullying is much more openly discussed these days, and most employees are aware that they can make a formal complaint to their employers and have the matter investigated – with appropriate resolution to follow. But what happens if you are not the victim, but instead have been accused of being the […]
A recent decision of the Australian Information Commissioner has confirmed that certain categories of internal documents cannot generally be forced to be the subject of a disclosure process. The decision, which was handed down by Commissioner Tim Pilgrim on April 5, 2017, arose from a refusal by Australia Post to produce documents to a […]