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 […]
With the conclusion of the Royal Commission into Institutional Responses to Child Sexual Abuse, Australian organisations are now on notice in relation to their ongoing child protection reporting obligations. Mandatory reporting of particular conduct or convictions is a strong means of ensuring that those who care for the most vulnerable in our community, do […]
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, […]
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. […]
When an employee complaint alleging workplace discrimination or harassment is lodged, it is usually seen as a negative moment in the life of the organisation. However, it is possible for an employer to view this as a positive phenomenon, rather than a sign of complete failure. This is because well-handled complaints can illuminate hidden […]
Hospitals – very few people like them, yet many of us will be a resident at one time or another. Even though hospitals can be sources of great joy, places where babies are born, miracles happen and lives are saved, they also represent sickness, injury, death, and some pretty ordinary food! The people who […]
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 […]
The thought that some of the most vulnerable in our society – the elderly – might be at risk of harm in residential aged care facilities is abhorrent. But even with the best of intentions and the proper guidelines in place, there is still potential for abuse and assault to occur. Abuse allegations in […]
To any outsider, the job of investigative interviewing seems fairly straightforward – questions are asked and then answers are provided. Yet as we know, the job of interviewing parties in the course of a workplace investigation can be anything but simple. For example, the investigative interviewer must ensure procedural fairness at every step along […]
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 […]