Workplace Investigations

Investigations and Procedural Fairness

Investigations and Procedural Fairness

Understanding how to separate past investigated misconduct matters from a current situation is crucial in ensuring natural justice is applied.The FWC upheld an unfair dismissal claim when a childcare organisation dismissed two employees following an investigation (in 2019) into misconduct. The reasons for dismissal justified using the outcome of an investigation conducted in 2018.As a […]

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Adverse action claims – are we likely to see a spike?

Adverse action claims – are we likely to see a spike

With many businesses having considered reducing the size of their workforce, it seemed one of the most talked about topics was unfair dismissal claims. Businesses were keen to ensure that in response to the downturn in revenue their corresponding economic situation was justification alone for any dismissal being fair.For what percentage of businesses did the […]

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To Investigate or Mediate?

To investigate or mediate?

To investigate or mediate?Sometimes managing staff can seem like a test of one’s skill to be able to delicately  walk on eggshells, particularly when one staff member starts making veiled complaints about another.No manager should dismiss or ignore such comments, avoid the conversation, or offer comments of consolation or agreement (either implicitly or explicitly).If a […]

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Managing Narcissistic Behaviour in the Workplace

Managing Narcissistic Behaviour in the Workplace

Managing Narcissistic Behaviour in the WorkplaceStaff demonstrating narcissistic behaviours can undermine a company’s culture and character. Our Advanced Conflict Resolution training sessions can be tailored to include discussions on narcissistic behaviour. Discussions about behaviours in a workplace that may be influenced by one or more personality trait disorders can only be general in nature. While the […]

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How To Speak Out Against Disrespect In The Workplace

How To Speak Out Against Disrespect In The Workplace

Are the suggested actions in this infographic from Our Watch in this infographic (‘When you see disrespect towards women – #DoSomething’) the same for when we see disrespect for men in the workplace? Disrespectful behaviour towards men or women in the workplace is not acceptable. Putting these passive strategies into practice is certainly better than […]

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FWC Findings And The Importance Of The Investigation

FWC Findings and the Importance of the Investigation

Minimising the risk of an unfair dismissal claim arising out of termination for serious misconduct. If a poorly conducted investigation leads to dismissal, the business could find itself in front of the Fair Work Commission (FWC) with an unfair dismissal claim to argue. The Fair Work Commission (FWC) will uphold an unfair dismissal claim (that meets jurisdictional […]

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Support Options For Workplace Investigation Complainants

If a complainant has a workplace investigation held against them what support can they call upon?

Continuing our series of short videos on the subject of workplace investigations. It’s a subject that’s often misunderstood and even mishandled by leaders, managers and HR personnel. Today’s question… ​A complainant can be supported during a workplace investigation with a support person. In fact, anyone who is involved in a formal investigation, i.e. a complainant, […]

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Workplace Complaints And Manager’s Responsibilities

What should a manager do if a workplace complaint is submitted in confidence?

Continuing our series of short videos on the subject of workplace investigations. It’s a subject that’s often misunderstood and even mishandled by leaders, managers and HR personnel. Today’s question…What is an example of a formal workplace investigation being investigated? ​Managers can be held vicariously liable if they are aware that potentially unlawful behaviour (like bullying, […]

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Why Managers Let Workplace Conflict Grow

Why Managers Let Workplace Conflict Grow

Managers play a crucial role in reducing interpersonal workplace conflict, but for a number of reasons they often don’t recognise when issues require intervention, a conflict resolution specialist says. Conflict usually stems from one person’s interpretation of another’s behaviour, thinking and intentions, Workplace Conflict Resolution managing director Catherine Gillespie told HR Daily ahead of her upcoming […]

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Do You Need A Workplace Mediation Or An Investigation?

How does management know the difference between needing a mediation as opposed to a workplace investigation?

Continuing our series of short videos on the subject of workplace investigations. It’s a subject that’s often misunderstood and even mishandled by leaders, managers and HR personnel. Today’s question… The warning signs to know whether to conduct a mediation or a formal investigation would be the number of allegations that have been included in the complaint […]

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