The Fair Work Amendment Bill 2013 has just passed in the Senate, and come January 2014 HR managers will have to consider more carefully how their organisation responds to complaints of bullying. The primary source of information in any complaint is the people involved; the complainant, the accused and co-workers who may have witnessed the […]
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 […]
Joanne was keen to take up a new position in an office she had previously worked in. She looked forward to working with former colleagues. But far from being greeted with the bonhomie and friendship she had been familiar with, she was met with the cold shoulder. Excluded from morning teas and team lunches, no […]
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 […]
The 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 […]
“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 […]
Court 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 […]
When 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 […]
A 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 […]