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Oct 28

Dealing with ‘he said, she said’ situations when investigating complaints

Regular readers (and investigators) will know that, in a workplace investigation, findings of fact are made on the available evidence and on the balance of probabilities (‘more probable than not’). In doing so, the ideal scenario in making findings is to have ‘direct’ (eye witness) evidence that is corroborated by other evidence. Still more ideal […]

Jun 03

How to translate an employee complaint into a statement of allegations

A well-drafted statement of allegations is critical in a workplace investigation. Firstly, it clearly defines the scope (and limit) of the investigation, as the investigator will make findings about only those alleged events which have been set out in writing. More importantly, it is essential in providing natural justice to the person responding to the […]

Nov 28

‘Tis the season to be jolly?’

December is upon us again. It’s the time of year when employees can feel mixed emotions and significant pressures. On the one hand, there is the prospect of a well-earned long break, possibly involving white beaches, reading and ‘kicking back’. On the other hand, the impending holiday season is often accompanied by pressures to meet […]

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 […]

Apr 11

Recent investigation cases: The employer’s duty of care towards its employees during a workplace investigation

In recent years, there has developed an increasing awareness of the potential negative impacts of a workplace investigation on participants. Historically, the focus has been on the impact of the investigation on the complainant. This is because the written complaint will often refer to the impact of the respondent’s alleged behaviour, and put the investigator […]

Mar 14

Your Pre-Investigation Checklist

One of the topics that we often discuss at Worklogic is the necessity of ensuring that all workplace investigations are carried out in a procedurally fair manner, and in particular provide natural justice to any person responding to allegations. Looking at the bigger picture, however, it is equally important that before pushing the ‘formal investigation’ […]

Oct 11

3 tips to avoid common traps when conducting internal investigations

Let’s say you are an HR Business partner who has received a workplace complaint of bullying. After carefully considering your options in response, you have decided that a workplace investigation is the right option. You have also considered whether an external investigator is needed, and decided that it can be done internally.  Before you launch in, however, […]

Oct 04

The 12 ingredients of an effective social media policy

Increasingly, social media is blurring the line between an employee’s work and private life, and between what is social and what is work-related. This poses both opportunities and risks to organisations. The upside is that your employees can use social media to amplify your brand, but the downside is the risk of damage to your […]

Aug 02

Bullying Update: What is ‘Reasonable’ in Performance Management?

Do you recognise this scenario? Consider this familiar workplace scenario: an employee is underperforming and guidance provided in their annual review has not improved matters. Their manager is duty bound to commence a more focussed program of workplace performance management. All too often, the employee takes exception to this, considers the process unfair micro-management and […]

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