Drafting Allegations the Right Way Whenever allegations of adverse conduct arise in the workplace, the relevant investigator or manager must think carefully about the way in which these are to be put to the person involved. Preparation is the key here – wherever possible, take sufficient time to organise and crosscheck your information about the […]
Protecting Against Unwanted Sexual Advances at Work The definition of a workplace might seem relatively simple – the office, the work site, the place where you carry out your duties of employment. Yet a recent finding of the Full Federal Court has affirmed one judge’s ruling that the workplace can quite often extend beyond the […]
How to Plan a Workplace Investigation and Why it’s Important If you are conducting either internal or external workplace investigations, it is crucial that you formulate a unique plan of action for each investigative process. No two workplace issues are the same, and a well-structured investigation plan will ensure that you account for the many […]
How to Handle Workplace Bullying Is bullying a problem in your workplace? According to a regulation impact statement produced by Safe Work Australia, the prevalence of bullying in Australian workplaces is between 3.5 and 21%. The cost of bullying to businesses in terms of lost productivity and absenteeism amounts to millions of dollars every year, […]
When Should You Report Workplace Bullying? Workplace bullying can be toxic to organisations and can have a long-term physical and emotional impact on victims. If someone you know is being bullied at work, it’s important to know when to report it. Workplace bullying is defined as repeated and unreasonable behaviour which is directed towards an […]
The Fair Work Commission (FWC) has criticised the Department of Defence for its dismissal of an employee for excessive personal internet browsing, and the use of an anonymous search engine. The dismissal took place after a workplace investigation which the commission deemed to be unfair and unreasonable. During the investigation of the employee, the Department […]
If you are dealing with an employee dispute, suspected misconduct or allegations of harassment and bullying in many cases it may be necessary to hire an external investigator. Utilising the services of an unbiased third party means that you can be sure your investigation will be free from personal conflict and the person in charge […]
Knowing when to hire an external investigator and when to undertake an internal investigation can be tricky. If you have an employee or group of employees who have been accused of misconduct or suspect that bullying or harassment is taking place in your organisation when is it appropriate to look into the matter yourself […]
A recent attempt by a former employee to take action against ANZ bank for bullying has been dismissed due to the fact that the employee is no longer working for the bank. According to the deputy president of the Fair Work Commission, the employee had no reasonable prospects of success so continuation of the case […]
A recent ruling by the Federal Circuit Court found that a law firm hadn’t taken adverse action against one of its solicitors after she complained of bullying and sexual harassment in December 2011. Emails sent from the solicitor to the firm where she stated that she wanted to consider how to part ways amicably and […]