Interviewing witnesses is a crucial part of any workplace investigation but it can sometimes be difficult to extract reliable evidence. According to the rules of evidence, hearsay, opinions and assumptions are not admissible in court and you should avoid using unsound evidence to make a decision on allegations of misconduct in the workplace. There are […]
A family-run photography business has been ordered to pay a former employee more than $235,000 in compensation and penalties in a constructive dismissal ruling by the Federal Circuit Court of Australia. The ruling, made on April 30 in Melbourne, imposed penalties on the former employers for discrimination and breaching the Fair Work Act, after they […]
When you are conducting a workplace investigation it’s essential that for any allegations to be upheld, there is evidence to prove them. Whatever evidence is used should be compliant with the rules of evidence – this is known as admissible evidence. Using admissible evidence ensures that if the matter is later disputed and ends up […]
The rules of evidence are a set of guidelines which are commonly used to decide what types of evidence are admissible in court and what can be used to prove or disprove an allegation. As workplace investigations do on occasion end up in court it’s important that any evidence used to decide a claim […]
In a recent court ruling the Industrial Relations Commission of NSW decided that a NSW public servant who was dismissed for inappropriate touching should be given his job back. The policy officer for the NSW Attorney General and Justice Department lost his job in 2012 after touching the breasts of five women during a […]
Workplace bullying has been identified as a serious problem in a large number of Australian organisations. According to a recent report produced by government organisation Safe Work Australia, workplace bullying affects between 3.5% and 21% of the Australian workforce and costs businesses and organisations around $6 billion a year. Although “bullying” is a commonly […]
Last week the Fair Work Commission ruled in favour of a teacher who appealed against unfair dismissal after 37 years of service. The appeal was granted in spite of recognition that there was a valid reason for him not to be reinstated. In the ruling the Fair Work Commission stated that the employer […]
Workplace misconduct, bullying and harassment are surprisingly common among Australian organisations. Although many problems can be managed and resolved through in house human resources and management, sometimes hiring an external investigator is the best option. A good workplace investigation follows a series of steps to ensure a fair outcome for everyone and an unbiased […]
On March 25th, an application against Energy Australia made by a former director of corporate affairs was dismissed at the Federal Court by Justice Julie Ann Dodds-Streeton. Former Energy Australia employee Kate Shea claimed that she had been made redundant in 2012 as retribution for sexual harassment complaints made previously and this was found […]
New changes to workplace bullying legislation have so far showed underwhelming results according to a Fair Work Commissioner with the first substantive order under the new act being made almost three months after the new system came into effect. The changes were made to the Fair Work Act 2009 last year in response to the […]