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 […]
Unfortunately, dealing with allegations of sexual harassment in the workplace is an issue for many employers. Sexual harassment can take many forms, and cases are rarely “open and shut”. Once allegations of sexual harassment or misconduct have been made, they must be appropriately investigated and dealt with. However, prevention is always better than cure. Let’s […]
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 […]
Employers understand that it is their responsibility to provide a safe workplace. Yet unlike physical health safety concerns and hazards such as lifting, tripping, sun exposure and dust reduction, many employers find themselves uncertain about how to support the mental health and wellbeing of their staff. The first and most powerful antidote to this uncertainty […]
Any sphere in which humans interact with each other is likely to involve certain levels of conflict. This is certainly the case in the workplace, where employees are required to spend significant amounts of time with people they may not otherwise choose to be involved with. Although workplace conflict is unavoidable, it does need to […]
In the highly-anticipated decision of Comcare v Banerji, the High Court has found it is not unconstitutional for the federal government to restrict the rights of public servants to express their political views in a public forum. So what does this decision mean for employees, freedom of political communication and the right to free speech? […]
There is a high likelihood that every employer will have to deal with action – or at least the threat of action – involving the Fair Work Commission (FWC). Let’s take a look at the role of the FWC, and the importance of a defensible investigation report in the event an employee lodges a claim. […]
When a workplace investigation is coming to an end, one task can seem deceptively simple – making findings. It might seem that because all the information is now available, the investigator can surely just state ‘the obvious’ in their report. Yet as with most tasks in the investigative process, quality outcomes require much greater consideration […]
To say that a workplace investigation report is an important document is certainly something of an understatement. Following the investigation, the report will be relied upon for all manner of significant organisational decisions, tasks and action. As a result, it is essential that workplace investigators create a professional, transparent and unbiased document. ONE REPORT, MANY […]
Workplace bullying can sometimes be difficult to identify. After all, people from many different walks of life are thrown together in a working environment, and this will often result in personality clashes and natural disagreements. Not everybody in the office will be friends with each other. So how can you tell when something has strayed […]