In this Investigations Insight edition, Worklogic Senior Investigator, Tom Henry explains the key lessons for employers from some recent Fair Work Commission (FWC) cases relating to an employer’s duty to provide procedural fairness to an employee before dismissing them. Natural justice and the opportunity to respond to allegations Natural justice is at the heart of ensuring a procedurally fairness […]
Speaking at the official launch of Fix Your Team, the Australian Human Resources Institute President, Mr Peter Wilson said that global digital disruption was affecting the vast majority of workplaces and causing many to feel threatened in their working environment. “The Gallup Poll shows that really only one in four people in Australia are positively engaged with their work, […]
In this edition of Investigations Insight, Worklogic Director and Co-Founder, Grevis Beard explores a recent Fair Work Commission (FWC) unfair dismissal case and outlines four key steps employers should follow to minimise the risk of an investigation being challenged as unfairly conducted. Frank Natoli v Envision Employment Services 2018 [FWC 4034 – 6 July 2018] […]
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 […]