It can seem as though the difficult part of a workplace investigation is dealt with by undergoing the investigative process, and making a decision as to how to deal with the employee. But the aftermath of an investigation, for example bringing an employee back into the workplace fold after a suspension, can be equally difficult. […]
One of the most difficult aspects of a workplace investigation is the moment when the investigator or employer realises the immediate suspension of an employee is required. We examine the warning signs that a suspension might be necessary, as well as the best way to handle this complex eventuality. The what and why of suspension […]
For those involved in workplace investigations, one court case seems to be of central importance – Briginshaw v Briginshaw. Interestingly, this 1938 case is actually about alleged adultery in the context of divorce! So the question immediately arises – why do the concepts in Briginshaw seem to hold sway in the context of workplace investigations? […]
In recent years, there have been a number of cases heard in the Fair Work Commission and the courts which have resulted in important practical outcomes and learnings for employers, particularly in the area of workplace bullying. Let’s take a look at some of these seminal cases. volunteers can pursue bullying claims The decision in […]
Workplace investigations may cause disruption and even animosity in the workplace. An incident occurred and a workplace investigator must attempt to get to the heart of the problem. Once the investigation is over, there will inevitably be fallout in the workplace, which any employer would be well advised to address actively. We examine the […]
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 […]
Most employers are aware of the importance of conducting workplace investigations to deal with complaints or allegations. But what happens after the investigation is over? There may be a sense of disconnectedness, embarrassment, awkwardness or even anger amongst staff, particularly if disciplinary action has been taken or an employee has left the organisation. Although […]
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 […]