By Jo Kamira The Fair Work Commission ordered compensation to an employee dismissed for theft and other misconduct last month in a case that highlights the need for even the smallest of companies to conduct proper investigations before summarily dismissing employees. In our experience, many small business owners believe they aren’t subject to unfair […]
DetailsThe respondent interview can be particularly challenging in an investigation. What may at first seem like a simple matter, often evolves into a more complex case after only the first interview. How do investigators handle some of the key issues around respondent interviews? Here are my responses to some commonly asked questions. Can you dismiss […]
Details“Alison and I are thrilled to be a Bronze winner in the Business/Career/Sales category of the IPPY Independent Publisher Awards 2013, getting the recognition for the effort that has gone into the book is very satisfying”. Our book was selected from over 5000 international entries and the award ceremony will be held in New […]
DetailsCourt cases can provide valuable insights into the way people behave at work – and lessons for everyone on how to prevent workplace disputes degenerating into bullying and discrimination. More specifically, directors of organisations should be aware of the risks of vicarious liability; when people they employ to manage others break the law. A recent […]
DetailsWhen an employee is accused of doing something wrong (we call them a respondent in a workplace investigation), they may lose their job or worse, their reputation. Understandably, that can put people on the defensive. They may engage in a number of strategies to minimise the consequences – from refusing to cooperate, to outright denial […]
DetailsA sub-contractor on a construction site was instructed by a lead contractor to start drilling through a wall – despite warning signs on site that indicated the risk. He hit an electrical cable and received a massive shock. Amazingly, he lived. As the dust settled, managers of several businesses involved in the project, realising the […]
DetailsI often get asked about the role of a support person in an investigative interview, so here are my responses to three of the most common questions. Do we have to have a support person present? There is no legal requirement for a support person to be present at a workplace investigative interview. The law […]
DetailsBy WISE Legal Counsel Alison Page Investigators can learn a valuable lesson from an unfair dismissal decision by the full bench of the Fair Work Commission, handed down in March 2013. Although the case was concerned with the application of regulations in the child care industry, it is a timely reminder not to make assumptions, […]
DetailsA woman suffered a vicious rape in London. There was little information to work with after the initial investigation. The victim had been drinking heavily before the attack and she believed there was little chance of the rapist being caught, let alone convicted. She seemed unable and unwilling to provide important details of what had […]
Detailsby WISE mediator Anna Faoagali Mediation – A Case Study Steve worked in a young, fast-growing technology business as a team leader. When the post of manager in his department became vacant, the CEO asked him to fill in while they head-hunted for the right person. Steve had worked at the company almost since it […]
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