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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 […]

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 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 […]

May 09

A failure to investigate can be bullying: Lessons in triaging employee complaints

The recent anti-bullying order in the Fair Work Commission matter of Watts v Ramsay Health Care serves as a timely reminder of importance of ensuring that as managers and Human Resource professionals, you understand the requirements and purpose of your Bullying and Harassment policies. Specifically, it highlights that poor management decisions, in this case, the […]

May 02

Procedural Fairness and Interviewing

Over the last few months, I have had the opportunity to speak to various HR membership groups about workplace investigations, and, in particular, how to maintain procedural fairness. One of the questions I am frequently asked is: “In what order should I interview the participants, and why?” Procedural Fairness Recap At Worklogic, we take into […]

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 […]

Feb 21

6 of the Best Self-Care Tips for Investigators

Interviewing staff who are traumatised, emotionally distressed or highly resistant to your process, takes a toll on the impartial investigator. Analysing evidence and defending your impartial findings can also be draining, and lonely, when subtle or overt pressures are brought to bear on your professionalism, or your conclusions. Effective investigators should exercise self-care to remain […]

Jan 10

Embracing Moral Courage in 2018!

I was recently asked what Worklogic would like to see more of in 2018 – and my answer was “moral courage“.  This is something that can be easier said than done – but you can never have too much of it.  Wherever you work, and whatever your role in 2018, let’s be brave (or braver) in standing […]

Dec 06

What to do if you receive historic allegations of sexual assault

It seems that the news media has been awash with revelations of alleged sexual harassment by various famous, now infamous, faces. Sadly, allegations of this type of behaviour are not new to Australian workplaces, however, the current cases provide a timely reminder to think about how you should and would deal with an historical complaint […]

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, […]

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