How many times have you wished you had a record of a conversation? Perhaps you would have liked evidence of what was said, or you would have appreciated being able to play a conversation back for training purposes. Whatever the reason, we examine the legality of recording conversations in Australia. when can you record a […]
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 […]
When conducting a workplace investigation, it is important that supporting evidence is collected in order to ensure that any decisions can be backed up, particularly in the event of legal proceedings. We examine the merits of recording evidence in a signed statement versus an affidavit. WHAt is a signed statement? The nature of a signed […]
It can seem as though the difficult part of a workplace investigation is dealt with by undergoing the investigative process, and making a decision as to how to deal with the employee. But the aftermath of an investigation, for example bringing an employee back into the workplace fold after a suspension, can be equally difficult. […]
One of the most difficult aspects of a workplace investigation is the moment when the investigator or employer realises the immediate suspension of an employee is required. We examine the warning signs that a suspension might be necessary, as well as the best way to handle this complex eventuality. The what and why of suspension […]
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 […]
In recent years, there have been a number of cases heard in the Fair Work Commission and the courts which have resulted in important practical outcomes and learnings for employers, particularly in the area of workplace bullying. Let’s take a look at some of these seminal cases. volunteers can pursue bullying claims The decision in […]
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 […]
With the new changes to whistleblower legislation soon to be debated and enacted, it’s essential to assess whether or not your business is compliant. An important part of ensuring compliance with the changes lies in the development of robust policies to protect whistleblowers. The Human Resources function has a central role in preparing staff […]