When conducting a workplace investigation, it is crucial to be able to demonstrate that appropriate procedures have been followed. This is essential in defending any subsequent action that may be taken. It can be helpful for employers to create an action plan utilising Terms of Reference (ToR) and the services of an external investigator to […]
Whistleblower protections have been top of mind for many Australian organisations recently, following a number of changes to the law. The Treasury Laws Amendment (Enhancing Whistle-Blower Protections) Bill 2017 is due to come into effect from July 2019. This will result in significant changes to the way whistleblowers are to be treated under a raft […]
Employers should be well aware of the legal and associated requirements that come into play when someone in the workplace raises their hand with a grievance. Complaints about unacceptable and/or inappropriate behaviour can arise from any work area, and in regard to a wide variety of issues. Grievance handling needs to be fair and consistent […]
For many employers, a workplace investigation process can appear quite challenging to navigate. Questions around the actual subject of the investigation, and who is best qualified to carry out this important task, can immediately arise. The investigation process itself is characterised by a number of important processes that are designed to reduce the risk of […]
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, […]
Employers often face a quandary in dealing with underperformers, and whether to place them onto a performance management program. It’s essential that any such move can always be considered to be ‘reasonable management action’ in response to inappropriate behaviours or inadequate or unsatisfactory performance, and not simply a way of bullying an employee. Let’s take […]
When conducting investigations in the workplace, senior staff and human resource managers often have to deal with uncooperative respondents. Understandably, this can significantly hamper the progress of the investigation. WHat is an uncooperative respondent There are many ways in which the smooth running of an investigation can be negatively affected by an uncooperative respondent. This […]
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 […]
Like schoolyard bullying, workplace bullying is far from a new phenomenon. When people who may not have much in common outside work are thrust together on a daily basis, there are bound to be disputes, friction and potentially even outright hostility. Of course, any serious matters need to be dealt with by conducting a […]
For employers, the completion of a workplace investigation can feel like the end of a marathon. The relevant issues have been aired and discussed, a report delivered and decisions made. However, it is also important to effectively share relevant information with affected parties and the broader organisation as the investigation process draws to a close. […]