In this edition, Senior Investigator, Tom Henry explains the key lessons for employers from recent appeals and FWC cases relating to procedural fairness and an employer’s duty of care when conducting an investigation, taking action on offensive private social media posts by employees and the need for employers to act on complaints in inappropriate behaviour, regardless of how […]
In this edition, we review a recent Fair Work Commission case where an organisation that dismissed an employee for breaching policy, didn’t follow their own policy when undertaking the investigation. Emery vs City of Stirling Mr Emery was terminated from City of Stirling for modifying the air conditioning unit on two council vehicles. Mr Emery […]
To channel Bette Davis from “All About Eve”, I do hope you fastened your seat belts this year. It’s been a very bumpy ride – both here and overseas. And it’s not hard to identify why that has been the case. If last year was about the political rule-book being thrown away with the voting […]
The Briginshaw Principle: Where allegations may result in dismissal, recent cases highlight the need for solid evidence to justify a finding of ‘proven’ Regular readers will know that the central pillars of a rigorous and legally defensible workplace investigation are the principles of procedural fairness, in particular providing ‘natural justice’ to any employee responding to […]
A robust complaints-handling process is essential for all workplaces. However, as with any system designed for good, a select few people will try to exploit or misuse it. In this article, we review two recent cases of the complaints-handling process being misused for personal gain or out of spite, and discuss what employers can do […]
Worklogic is thrilled to launch its inaugural research whitepaper “Aftermath of Afterglow? Improving Workplace Culture & Team Dynamics after a Misconduct Investigation” this month. This is a topic very close to our hearts and an area that has been neglected in academic research to date. As many of you know, the fundamental purpose of conducting […]
In this article, Worklogic’s Senior Investigator Lisa Klug, explores the evolving understanding of the definition of bullying in Australia, and examines the grey areas around what is meant by “repeated” in the Fair Work Act (FWA) definition of bullying and what sort of repetition causes a risk to health and safety. She then examines the […]
Paradoxically, 2016 was the year that started with Lieutenant General (retired) David Morrison being awarded the prestigious title of Australian of the Year. His firm stand on gender diversity and LGBTI inclusion and dedication to confronting discrimination and harassment in the Army has been a powerful demonstration of principled leadership that has influenced with wider […]
Many of us are accustomed to having an annual check-up of our health. Even if we appear to be glowing with good health we understand the benefits of checks and tests that may uncover any hidden issues and allow us to deal with them before they get worse. In the same way, a workplace review is an […]
You may have read a story reported in the newspapers on 29 January this year[1] about a distressed young man on a platform at Caulfield Railway Station, Melbourne, shouting “I want to die”, and apparently at risk of throwing himself onto the tracks. It was reported that the vast majority of about 40 onlookers took […]