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 […]
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 […]
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 […]
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 […]
The end of 2012 saw the following notable news items: A Mildura Magistrate imposed a $50,000 individual fine for workplace bullying [1] Comcare issued the CSIRO with an Improvement Notice under the Work Health and Safety Act 2011 (Vic). The improvement notice requires the CSIRO to undertake a range of improvements to its systems in […]
False Claims: Fact or Fiction Some employers believe that the present state of the economy is driving employees to make an increasing number of “false” bullying allegations. In our experience, there have been an increasing number of bullying claims over the last 6 months, but they are no more likely to be false, trivial or […]
The importance of training Recent pronouncements, by economists around the globe, indicate that the current financial situation may well get “darker before it gets lighter”. But in times where there are many pressures on employers, it’s vital that you don’t skimp on preventative and reactive measures in relation to discrimination, harassment and bullying. Otherwise, you […]