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Dec 12

Procedural fairness and treatment: Chase evidential rabbits down burrows (and do offer tea…)

In this week’s blog, we discuss the recent lessons to be learnt from the following successful unfair dismissal application to the Fair Work Commission: Kefeng Deng v Westpac Banking Corporation (U2018/5696). The decision was delivered on 30 November 2018, by Commissioner Riordan. The case: Deng v Westpac The context for the application to the Fair […]

Nov 21

How to manage office gossip during a workplace investigation

Having a light-hearted chat with your colleagues can be one of the best parts of going to work. A positive workplace culture encourages colleagues to interact in a friendly way as this helps with communication and building relationships at work, as well as making work enjoyable for everyone. Why gossip? Gossip, defined as negative speculation around […]

Nov 14

How to manage the risks associated with power imbalances at work

In the investigations of misconduct that we conduct at Worklogic, we often see power being misused in the workplace. People in powerful positions – thanks to their position in the hierarchy, links with the union or the founders, their ‘talent’ as rainmakers or apparently irreplaceable skills -sometimes let the power go to their heads .  They […]

Aug 01

Why you can’t afford to ignore bad behaviour in the workplace

Bad behaviour and conflict are common in Australian workplaces. In a major 2016 survey, 14% of Australian workers described their workplace environment as ‘toxic’, 20% had experienced major problems in communication with a co-worker or boss, and 50% reported that they have experienced one or more serious incidents of conflict or other negative conduct at […]

Jul 25

Evolving approaches to managing workplace conflict

Eleven years on from 2007, when we first started Worklogic, it is interesting to reflect on what the evolving approaches to managing workplace conflict and complaints. 1. Workplace Investigation remains the key tool for serious allegations A solidly conducted workplace investigation has been, is, and always will be a fundamentally important response when allegations of […]

Jul 11

How to respond to a vexatious complaint

In previous blog posts we have explored the issue of vexatious complaints, and provided some key principles that should guide your approach as an employer in such situations. The recent case of Ms Linda Hanrick v Meridian Lawyers [2018] FWC 3256, decided on 5 June 2018, explored this issue, and offers a fresh example for […]

Jul 04

Recording Work Conversations

Secret recordings of conversations at work are becoming increasingly common.  As mobile phones become ubiquitous, the ability to record a conversation in the workplace becomes as easy as a button discreetly pushed in a pocket or handbag. In the context of workplace conflict, where they can be presented by employees as supporting evidence for an […]

Jun 20

Exceptions to procedural fairness principles when conducting a workplace investigation

There are certain key principles of procedural fairness which need to apply when conducting an workplace investigation into allegations of inappropriate behaviour at work. These include these two key rules: 1. The individual who is the subject of alleged misconduct has the opportunity to respond to specific allegations 2. Individuals have an opportunity to respond […]

Jun 13

How to reduce the risk of elder abuse

The United Nations has designated 15 June as World Elder Abuse Awareness Day (WEAAD). The objective of WEAAD is to raise awareness and to focus global attention on the problem of physical, emotional, and financial abuse of elders and how best to reduce incidents of abuse of elders, increase reporting of such abuse, and to […]

Jun 06

Protecting Workplace Disclosures

The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry has raised many questions for organisations across Australia about preventing unethical conduct: What prevents people speaking up when they become aware of misconduct? What protections does my organisation have in place to prevent a culture of normalised misconduct developing? Are people in […]

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