How to Navigate Counter Allegations in Investigations Natasha Kennedy-Read and Vince Scopelliti – Friday, February 14, 2020 It is not unusual when investigating allegations such as sexual harassment, bullying or theft for the person accused of the misconduct to make a counter allegation. This in turn can generate further counter allegations, making it difficult for […]
Natasha Kennedy-Read and Vince Scopelliti – Wednesday, February 19, 2020 The rules around when staff can be terminated while they are on leave can be a source of consternation for management and human resources professionals. The consequences of getting it wrong are demonstrated in the recent Fair Work Commission decision of Tuan Nguyen v Adelaide Fencing […]
Unfortunately, dealing with allegations of sexual harassment in the workplace is an issue for many employers. Sexual harassment can take many forms, and cases are rarely “open and shut”. Once allegations of sexual harassment or misconduct have been made, they must be appropriately investigated and dealt with. However, prevention is always better than cure. Let’s […]
For many businesses, one of the critical HR questions is whether investigations into alleged employee misconduct or misbehaviour should be outsourced or conducted in-house. Depending on the nature of the business and the complaint, it may not always be appropriate or cost-effective for investigations to be referred externally. However, in other circumstances, particularly when the […]
On occasion, police will become involved and/or need to be involved in the allegations from a workplace matter. In this situation, it’s important for employers to know what their obligations are, and to be aware of some of the challenges that can arise. So, let’s take a look at when police are or may need […]
Using in-house resources to sort out organisational problems certainly makes a lot of sense. HR departments tend to be well equipped to receive and manage internal complaints, facilitating solutions as they go. But while sourcing external assistance can seem unnecessary, there are certain serious workplace situations where calling in specialist investigative expertise will be the […]
In the usual course of workplace investigations, it is often one person’s word against another’s. This is particularly the case when a serious allegation such as sexual misconduct has been made, and there are unlikely to be any witnesses to the event. When a serious allegation has been made, often the ‘accused’ then makes their […]
At the conclusion of a workplace investigation, the investigator has the challenging task of pulling together all relevant material into a cohesive report. The style of report that is chosen will be firmly linked to the purpose of the investigation, keeping in mind the requirements of the readers and users of the document. Investigators […]
One of the most challenging and important tasks undertaken by a workplace investigator is the analysis of the evidence that has been gathered during the course of the investigation. Key questions to consider include: What evidence should be contained in the investigation report? How do I analyse what I have gathered? How does this […]
Experienced workplace investigators are well aware that when two or more people are in dispute, there will inevitably be differing perspectives on what ‘the truth’ might look like. Contentious workplace issues can often play out in a ‘he said, she said’ fashion, with one allegation being closely followed up by a second person’s counter-allegation. […]