When determining what led to a certain set of events or making an important decision, it is essential for investigators and decision makers to have regard to an objective standard. In trying to get to the bottom of a situation or establishing an appropriate course of action, relying on the ‘reasonable person’ ensures that […]
The Christmas period tends to bring out the best- and worst – in people. It is a time of year filled with parties, merriment, laughter, great weather and a lot of socialising. But Christmas can also be a challenging time in the workplace, as employees may engage in inappropriate conduct at work related social […]
As any HR manager will testify, conducting workplace investigations is one of the most important but vexed aspects of ensuring that an organisation runs smoothly. This is particularly the case when the various parties involved in an investigation are putting forward different versions of events – who do you know who to believe? For […]
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, […]
Given how much time employees spend at work every week, it is hardly surprising that romantic relationships develop in the workplace. But what happens when a romance is inappropriate, or attraction crosses the line into sexual harassment? inappropriate vs unlawful While there is nothing illegal about a workplace relationship between two consenting adults, in […]
Anyone who has been following the news recently will be aware that scandalous sexual relationships in the workplace have become something of a common theme. The stories of Seven West Chief Executive, Tim Worner and his former executive assistant (a relationship which ended in legal action), the forced resignations of senior AFL executives over […]
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 […]