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Apr 17

What to do with the workplace investigation report? Balancing privacy and transparency

It is standard for workplace investigations to be documented in a written investigation report. There are many good reasons for doing so. A well-structured, logical and comprehensively written report will record: What the investigation process was, and in doing so demonstrates that it was a fair and rigorous process; The evidence that the investigator collected […]

Apr 10

A ‘reasonable woman’ standard for sexual harassment claims

Sexual harassment in the workplace remains an ongoing issue. The continuing durability of #MeToo and high-profile sexual harassment claims from women in media, entertainment and politics are a sign that employers still have significant work to do in acknowledging and addressing sexual harassment. In the fourth national workplace sexual harassment survey by the Australian Human Rights Commission, one […]

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, […]

Feb 20

How to investigate allegations where there are no witnesses

Employers often struggle with the ‘he said/she said’ form of workplace complaint. The complainant says the allegation happened. The respondent flatly denies it. No one else was in the room at the time. Now what? Our clients are often confused about what to do when a complaint is made about behaviour in the workplace that […]

Jan 09

Worklogic’s Hopes for a ‘Year of Accountability’

As 2019 begins and we think of our hopes for Australian workplaces, top of our minds is accountability for delivering results according to our values and behavioural standards. 2019 – The Year of Accountability? In the news, there are calls for accountability of the builders of a cracking high rise building in Sydney. Member of […]

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 […]

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 […]

Oct 24

Investigations – to outsource or to not outsource that is the question

When an organisation wishes to conduct a procedurally fair investigation to support informed decision-making, it must decide who should conduct the investigation, with the question being should it be internal (this can be HR staff or managers) or external consultants? When making the decision to outsource an investigation (or not to), there are a number […]

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