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Aug 14

All about ethical dilemmas – what they are and how to avoid them

Have you ever called in sick to stay home and binge watch your favourite series?? Have you ever heard a colleague address another colleague inappropriately and not commented? Have you ever “borrowed” supplies from the stationary cupboard and not gotten around to returning them? Have you ever been asked by your organisation to act unethically […]

Jul 10

The resounding case for the independent investigator

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 […]

Jun 26

CEOs behaving badly

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 […]

May 22

What should be included in your Whistleblower Policy?

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 […]

May 15

Planning a workplace investigation

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 […]

May 01

How to ensure your misconduct allegations are fit-for-purpose

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. […]

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 […]

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 […]

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 […]

Feb 06

Ensuring your organisation is whistleblower ready

It is unlikely you have not heard about the reforms to whistleblower legislation in Australia (more specifically the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2018) which has been widely spoken and written about in the media for some time now. The amendment is due to be approved by the House of Representatives during the […]

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