When a workplace investigation has to be conducted, the most valuable information will generally be obtained through interviewing the staff involved in the incident and any witnesses. This information will play a critical role in determining what has happened or who or what was responsible. In order to obtain relevant and reliable information from […]
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 […]
Occasional conflicts and disputes are a fact of life in all workplaces. One of the best ways to defuse difficult situations, resolve office concerns and keep your staff happy is mediation. But even though this is a potentially very effective device in the employer’s toolkit, workplace mediations can go wrong. Let’s take a look […]
It is important for employers to keep procedural fairness top of mind when conducting workplace investigations or taking disciplinary action. Failing to do so can result in terminations being deemed unfair, as the recent Fair Work Commission decision of Nicholas Jarmain v Linfox Armaguard Pty Ltd [2018] FWC 3255 (14 June 2018) shows. background […]
Parties involved in a workplace investigation will often wish to gain access to documents that form part of the process. A difficult question for investigators is when – or if – it will be appropriate to release particular information. The reason for the request and the nature of the information will be key considerations, […]
Being able to conduct a competent workplace investigation is essential for employers, especially when allegations of bullying, misconduct or inappropriate office behaviour are made. Mistakes made during an investigation may result in serious consequences, including legal action. Let’s take a look at the basics of an investigation, and some key mistakes to avoid. WHy […]
Most employers and employees are likely have at least some contact with the Fair Work Commission (FWC) during their working lives. This might be as simple as obtaining information about award conditions and employee rights, or as contentious as appearing before the FWC in a workplace dispute or unfair dismissal matter. So how does […]
For an employee who is on the receiving end of disciplinary action, performance management or a workplace investigation, it is an upsetting, and even a potentially traumatic experience. Every employee involved in such a process is entitled to have a support person present during any meetings or interviews. A failure to afford an employee […]
Workplace bullying comes at a high price for Australian businesses and employees, costing billions and leaving a trail of physical and mental health issues in its wake. Even though employers are becoming increasingly conscious about bullying and most have anti-bullying policies in place, it is still very prevalent in 2017. We take a look […]
In every workplace, there will eventually be a situation where an investigation needs to be carried out into an employee’s compliant or conduct. One of the most crucial aspects of conducting workplace investigations includes preparing an investigation report which can be relied upon for any future purpose, including carrying out and implementing disciplinary action […]