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 […]
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 […]
The case-law is now increasingly crowded, when it comes to scenarios where there was a less than independent investigation conducted into allegations of workplace misconduct. Investigators, whether internal or external, must act independently throughout the investigation process. Too often, however, they do not. We therefore thought it timely to set out some key ways in […]
CEOs and senior managers behaving badly have hit the news again and again over the last two years. In the most recent CEO Success Study produced by PWC, an analysis of CEO turnover in the top 2500 global listed companies, found that 39% of the top executives dismissed left under a cloud of being accused […]
Are you part of a company required under the new Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 to have a compliant Whistleblower Policy in place? The Act applies to public companies, proprietary companies designated ‘large’ (you can find relevant definitions of large here: Australian Securities and Investments Commission) and to proprietary companies that are […]
My colleagues will attest that one of my regular catch cries around the Worklogic office is “the process will save you”. Whether responding to a workplace complaint by way of mediation, investigation or workplace review, the temptation can be to jump straight in and get the process started. In our experience it’s critical to stop […]
Worklogic is often requested to conduct a preliminary enquiry by clients faced with a workplace complaint or concerns about workplace behaviour that are lacking critical information. A preliminary enquiry occurs before a decision to proceed (or not) to full workplace investigation and can be very helpful in clarifying that decision, ultimately saving time and money […]
Unless you have been living under a rock over the past decade, you will be familiar with home renovation makeover programmes, and their familiar catch-cry: “never squib on your materials!”. The same approach applies (in the slightly less glamorous land of workplace investigations) when it comes to defining and confirming the allegations which you investigate. […]
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 […]
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 […]