Natasha Kennedy-Read and Vince Scopelliti – Tuesday, March 17, 2020 The FWC recently found SA CARE’s dismissal of a casual disability care worker to be unfair and ordered compensation. The…
How to Navigate Counter Allegations in Investigations Natasha Kennedy-Read and Vince Scopelliti – Friday, February 14, 2020 It is not unusual when investigating allegations such as sexual harassment, bullying or theft for the person accused of the misconduct to make a counter allegation. This in turn can generate further counter allegations, making it difficult for […]
Natasha Kennedy-Read and Vince Scopelliti – Wednesday, February 19, 2020 The rules around when staff can be terminated while they are on leave can be a source of consternation for management and human resources professionals. The consequences of getting it wrong are demonstrated in the recent Fair Work Commission decision of Tuan Nguyen v Adelaide Fencing […]
How Fact-Finding and Disciplinary Investigations Differ Vince Scopelliti – Tuesday, February 25, 2020 When dealing with allegations of staff misconduct, employers must be able to clearly delineate between fact-finding and disciplinary investigations. This includes communicating the difference to staff involved in the process. fact-finding vs formal investigation A ‘fact-finding’ process is often a necessary preliminary […]
Appropriately recording evidence is a crucial part of workplace investigations. For investigators, this can cause a significant dilemma as to whether it is preferable to rely on written statements, or obtain audio recordings of interviews conducted during the investigation. Here are a few of the main considerations for each method. Audio recordings An audio recording […]
Conducting proper workplace investigations is a crucial component of effective business management. A failure to undertake an appropriate and timely investigation, can have significant consequences for the parties involved in the complaint, and potentially the legal outcomes for the business. An important aspect of any investigation is ensuring it occurs in a timely manner. WHAT […]
Procedural fairness must be top of mind, for all organisations when conducting a workplace investigation. Failing to allow an employee sufficient time to respond to an allegation or taking a pre-determined view of the outcome of an investigation, for example, proceeding with terminating employment, can leave an employer open to an unfair dismissal claim. The […]
During the process of conducting workplace investigations, it is generally necessary to prepare letters of notification, and later, letters of allegation. We take a look at the difference between the two, and provide some tips on how to prepare these important documents. notifying the parties involved The letter of notification serves as confirmation that an […]
When conducting investigations in the workplace, senior staff and human resource managers often have to deal with uncooperative respondents. Understandably, this can significantly hamper the progress of the investigation. WHat is an uncooperative respondent There are many ways in which the smooth running of an investigation can be negatively affected by an uncooperative respondent. This […]
In the usual course of workplace investigations, it is often one person’s word against another’s. This is particularly the case when a serious allegation such as sexual misconduct has been made, and there are unlikely to be any witnesses to the event. When a serious allegation has been made, often the ‘accused’ then makes their […]