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 […]
Part of running an effective organisation is ensuring that all staff are held accountable for their actions in the workplace, and are able to air grievances and raise complaints in a safe forum. This means that employers may need to undertake investigations into staff misconduct from time to time. Managing an unbiased and thorough […]
In a recent decision of the Fair Work Commission (FWC), a nurse has been reinstated following her termination in circumstances where covert video surveillance was the ‘sole foundation’ of allegations against her. The FWC also found that her employer’s human resources department acted incorrectly and inappropriately in the circumstances surrounding her dismissal. facts of […]
Most workplace investigators operate fairly and thoroughly, producing high quality reports following each investigation. Yet oversights do occur – and some investigators have been known to miss vital clues or pieces of the workplace puzzle.Similarly, even though all essential material might be uncovered during an investigation, it still might not be accurately incorporated into the […]
Procedural fairness (or ‘natural justice’ as it is otherwise known) has ancient origins, dating back to the Greek philosopher, Plato and Roman philosopher, Seneca.1 It applies in situations where there is a decision to be made which could have an adverse outcome on the rights, interests or legitimate expectations of a person. Historically […]
A starting point for any court of law when assessing the legitimacy of an administrative decision is fairness – procedural fairness Now that Safe Work Australia has released the draft model code for bullying in the workplace, employers need to ensure that procedural fairness is at the heart of their response to bullying issues. A […]
New federal legislation passed this month means employers will need to pick up their game when managing complaints of workplace bullying. Prevention is the best place to start. However, putting in place suitably qualified staff capable of conducting robust investigations and managing difficult cases is an essential strategy for any employer. Previously, the investigation of […]