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 […]
In the recent case of Colin Wright v AGL Loy Lang, the full bench of the Fair Work Commission (FWC) was faced with an interesting conundrum – could the criminal law Pfitzner principle be legitimately applied to a civil matter? With the original decision on the point being in the negative, the appeal bench […]
It is not uncommon that following a workplace investigation, the former employee raises allegations that the process was procedurally flawed. In addition to considering the investigation process, we need to be aware that the standard of proof used to make any findings may be called into question. In other words, although the investigator may […]