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 […]
When conducting a workplace investigation, it is important that supporting evidence is collected in order to ensure that any decisions can be backed up, particularly in the event of legal proceedings. We examine the merits of recording evidence in a signed statement versus an affidavit. WHAt is a signed statement? The nature of a signed […]
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 […]
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 […]
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 […]
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The ‘reasonable person’ test is one of those legal quirks that form an enduring part of the common law, despite being very hard to actually define. One human causing damage to another is certainly a tale as old as history itself. And judges in various forms have always had the task of determining if the […]
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 […]
Not all communications are fair game in legal proceedings. Many are protected by a concept known as legal professional privilege (LPP). LPP allows parties to seek and consider legal advice without fear of disclosure, but there are also strict rules about when LPP exists, and when it is waived. This has been brought sharply […]