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Jun 24

Inappropriate behaviour complaint

Dealing with complaints of inappropriate workplace behaviour is arguably on the list of managers least favourite tasks. However, it is important that when a complaint of inappropriate behaviour is made, the issues are addressed, as an untended complaint can often take root and grow into a much bigger issue. Increased emphasis on organisational values and […]

Jun 10

A recent bullying case highlights the dangers of a hands-off HR department

A recent case in the Fair Work Commission, Ms Anne Pilbrow [2020] FWC 2458 (26 May 2020), has revisited the scenario where there is a need to identify what is reasonable management action (even if imperfectly carried out) and what is bullying, as defined in the Fair Work Act 2009. The case also demonstrates that […]

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 […]

May 20

[WEBINAR ON DEMAND] Ask Us Anything – Live with Worklogic’s Directors!

In this webinar Worklogic Director’s Jodie Fox, Jason Clark and Rose Bryant-Smith draw on their decades of experience as investigators, workplace relations advisors, and fixers of teams to share tips and tricks they have learned, de-identified ‘war stories’, and answer those tricky questions you’ve always wondered about. WATCH WEBINAR How to access our Webinars On […]

May 06

Managing conversations that matter during COVID-19

Not so long ago, before lockdown, we took many things for granted, in our workplace and in our personal lives. For most of us worker-bees, it was axiomatic that we had “the workplace”, that shared physical space where we shared the daily tasks, encounters, frustrations, joys, rituals, meetings and celebrations of our respective workplaces. And […]

Mar 11

Respect@Work 2020 – What the Sex Discrimination Commissioner’s Report means for Employers

On 5 March 2020, the Sex Discrimination Commissioner, Kate Jenkins delivered the Respect@Work: Sexual Harassment National Inquiry Report (2020). The report is a culmination of the 2018 survey of data as well as hearings and submissions to the Commission over the last two years. The report comprehensively deals with the prevalence of sexual harassment in […]

Aug 28

5 Common Problems with Drafting Allegations

A well drafted set of allegations forms the basis for a procedurally fair investigation – conversely a badly drafted set of allegations runs the risk of a procedurally unfair investigation. Allegations need to be drafted in clear and precise language, and be specific and descriptive, in order that findings of fact can be made. Allegations […]

Aug 07

Tips to avoid flawed workplace investigations

To ensure that an investigation leads to robust and defensible findings it must be based on procedural fairness. An investigation process is like a chain – it is only as strong as each step (or link), and requires all steps to be followed in order to ensure the investigation is procedurally fair. When a step […]

Jul 24

Worklogic’s robust approach to procedural fairness withstands judicial scrutiny

When serious allegations are made against an employee, an organisation may decide to appoint an external investigator to conduct a formal workplace investigation. The advantage of this approach is that (when it is done properly) it produces robust findings of fact in relation to the allegations. This then enables the employer to confidently determine the […]

May 29

Insights from the Drafting Allegations Workshop

Yesterday a group of Workplace Relations Specialists met for Worklogic’s Masterclass on Drafting Allegations. The group was fantastic and extremely knowledgeable and the conversations about various challenges faced were fascinating. The participants had a lot of fun unpicking the hypothetical scenario for the training and had lots of opportunity to practise skills in interviewing for […]

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