An ever-increasing key dilemma for employers in the modern age is how to deal with the misconduct by staff through their use of social media platforms. The list of potentially offending conduct is lengthy. For example, staff might call in sick but then post details of their activities on social media. Employees could post inappropriate, […]
One of the more difficult aspects of managing an employment relationship is appropriately dealing with complaints, both from the perspective of the complainant and the accused. This is made even more complicated when a reluctant complainant brings something to the attention of Human Resources or management, then does not want it investigated. We examine why […]
When conducting a workplace investigation, it is essential that there is consideration given to maintaining an appropriate balance between professionalism, impartiality and empathy. By ensuring that this balance is maintained, employers are best able to protect the interests of staff, and safeguard against allegations of inappropriate conduct during the investigatory stage. the need for professionalism […]
When a workplace investigation is required, there may occasionally be good reason to seek legal professional privilege regarding the findings. This is particularly the case in matters that may require criminal investigation, such as fraud, theft or sexual harassment. So, is it sufficient to engage a law firm when undertaking workplace investigation if you wish […]
Alcohol and workplaces never mix well. No matter the sort of work they do, employees should not be in the workplace when they are under the influence or still suffering the effects of alcohol consumption. This includes drinking at work or immediately before starting work, and those who are still impacted by a big night […]
It can seem unbelievable that gender inequality persists in Australian workplaces in 2019. As well as the obvious human rights issues, some employers and managers fail to comprehend that a lack of gender equality can have measurable negative consequences for the organisation as a whole. Let’s examine some of the alarming statistics around the situation […]
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 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 […]
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 […]
A toxic workplace culture can place significant barriers in the way of achieving business objectives. If toxicity has invaded your office, it is likely that you are dealing with staff who are unproductive, resentful, unmotivated and perhaps difficult to discipline – and it can affect senior managers to junior employees. This can have significant […]