By ALISON PAGE, Legal Counsel Often it’s not a one-off event; investigations into alleged sexual harassment frequently reveal that on previous occasions the respondent has faced other accusations of inappropriate conduct against fellow employees. This evidence is traditionally known as “similar fact evidence” or “tendency evidence”. When the investigator considers each alleged incident in […]
A recent case determined by the Fair Work Commission provides some important lessons for employers about bullying dismissals. In Harris v Workpac Pty Ltd [2013] FWC 4111 the Commission found in favour of the applicant and determined that her dismissal for gross misconduct for bullying a co-worker was unfair. Mrs Harris was dismissed on 20 […]
As investigators we are often asked to assess the credibility of a witness: it’s the client question I most dislike. As an investigator with a background in psychology and witness memory, I am far more interested in the reliability of their evidence. It is true, for example, that the drinking habits of a witness […]
The Fair Work Amendment Bill 2013 has just passed in the Senate, and come January 2014 HR managers will have to consider more carefully how their organisation responds to complaints of bullying. The primary source of information in any complaint is the people involved; the complainant, the accused and co-workers who may have witnessed the […]