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 […]
For many businesses, one of the critical HR questions is whether investigations into alleged employee misconduct or misbehaviour should be outsourced or conducted in-house. Depending on the nature of the business and the complaint, it may not always be appropriate or cost-effective for investigations to be referred externally. However, in other circumstances, particularly when the […]
On occasion, police will become involved and/or need to be involved in the allegations from a workplace matter. In this situation, it’s important for employers to know what their obligations are, and to be aware of some of the challenges that can arise. So, let’s take a look at when police are or may need […]
The most vulnerable members of our society are generally those with disabilities, the very young and the elderly. People who are vulnerable are at greater risk of being abused or otherwise mistreated, especially in residential care facilities. This is currently being made distressingly clear at the aged care Royal Commission. We discuss what elder […]
A workplace investigation can be a traumatic and emotional event for everyone involved. Let’s take a look at how an organisation can move forward after a workplace investigation, regardless of whether the complaint has upheld or if any disciplinary action has been taken. WHAT happens when an investigation is concluded? After the investigative process […]
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 […]