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 […]
There can be many questions, fears and insecurities that arise in the course of a workplace investigation. Experienced investigators are often asked by witnesses and other staff to divulge what has been said and by whom. This is unsurprising; after all, for one or more people their reputation and/or job could be on the line […]
When a workplace investigation is required, there may occasionally be good reason to seek legal professional privilege regarding the findings. This is particularly the case in matters that may require criminal investigation, such as fraud, theft or sexual harassment. So, is it sufficient to engage a law firm when undertaking workplace investigation if you wish […]
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 […]
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 […]
In Australia, employers are legally obliged to provide a safe workplace for its workers so it is important to be aware of the impact of failing to investigate workplace incidents properly. Under our common law provisions, employers may be liable for negligence if they do not take the proper steps to investigate an event in […]
Rules of evidence exist to ensure that court hearings are properly and fairly conducted. They are enshrined in legislation. To be admissible, each piece of evidence must satisfy all the checks and balances set out in the legislation. EVIDENCE AND THE Fair Work Commission (FWC) The FWC is not bound by the rules of evidence […]
Jill McMahon – Monday, December 14, 2015 /* Style Definitions */ table.MsoNormalTable {mso-style-name:”Table Normal”; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:””; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin-top:0cm; mso-para-margin-right:0cm; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0cm; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:Calibri; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin;} The issue of circumstantial evidence can often arise in workplace investigations, and there can sometimes be confusion about how to […]
Jill McMahon – Monday, November 23, 2015 Even the simplest of workplace investigations can be a tricky balancing act. You need to consider how to investigate the matter, collect evidence and adhere to various laws, all the while having regard to employee welfare and the needs of your organisation. Strategy is a key element of […]
Choosing an investigator to conduct your workplace investigation can be a complex task. Do you look internally or externally? What are the features of a high-quality workplace investigator? And what common problems can arise along the way? Common issues that employers should consider include: How confidentiality and fairness are to be balanced. How quality will […]