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Mar 27

Case Study: Why contradictory evidence is important in a workplace investigation

When conducting a workplace investigation, there is often pressure on an investigator to move quickly from allegation to findings. Some of these factors are entirely appropriate: a well-run, timely investigation without unexplained delays is key to minimising any potential harmful impacts on the participants in the investigation and the organisation as a whole. Sometimes though, […]

Mar 06

How to Navigate a New Landscape for Workplace Complaints

Healthy organisations always want to hear from employees with a problem. Whether the problem is an ongoing personal gripe, an incidence of bullying or a case of suspected fraud, sensible management would much prefer to have the opportunity to address the issue in its earliest stages rather than let it fester and grow in potentially […]

Jan 16

When and what to tell respondents about allegations against them…

It can be tricky working out what and when to tell a potential respondent about a complaint or allegations of inappropriate behaviour made against them, before a workplace investigation has commenced. First and foremost – health and safety! In considering how best to tackle any complaint, ensuring the health and safety of your employees is […]

Dec 19

Food for Thought from 2018

A tongue-in-cheek look at the menu that 2018 has served up to us!               The gravy train The banks and insurance companies get the 2018 Gravy Boat Award. Billing dead customers, selling worthless policies and taking large commissions and bonuses for their efforts. What should we learn? Financial incentive schemes […]

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 […]

Sep 19

Who should conduct an external investigation into workplace complaints?

Last week, at the annual conference of the Australasian Association of Workplace Investigators, there were some interesting and robust discussions in relation to the ethics that should be adhered to by independent investigators when they are investigating a complaint in the workplace. The role of an independent investigator There was a firm view that the […]

Aug 29

“Fix Your Team”: The Federal Liberal Party – a (light-hearted) model case study

So we thought we’d start this week’s blog post with a quick and topical quiz for you! Thinking about the Liberal Party’s behaviour last week in Canberra, were you: (a) horrified (b) shocked (c) apathetic (d) none of the above. Regardless of your response, you may in any event have found yourself quoting the political […]

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 […]

Jun 27

Employer best-practice in preventing sexual harassment in the workplace

As you may know, the latest impact of our current post-Weinstein awareness of sexual harassment has been the announcement last week by the Sex Discrimination Commissioner, Kate Jenkins, of a national inquiry into sexual harassment in Australian workplaces. It was interesting to note that Commissioner Jenkins specifically identified that “the global conversation about sexual harassment […]

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