0 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.

0 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.

0 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).

0 Managing Narcissistic Behaviour in the Workplace

Staff 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 concept of ‘patterns of behaviour’ and typical types of behaviour can be discussed, specifically how the behaviour is revealed and therefore what strategies can be applied is most effectively explored in one of our Executive Coaching programs.

0 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?

Do SOmething

Disrespectful behaviour towards men or women in the workplace is not acceptable.

0 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.

0 Support Options For Workplace Investigation Complainants

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, respondent or even a witness, should be offered the right to have a support person present, throughout the process.

However, a support person is purely there to help show support. They are usually silent but can ask questions to help clarify the process.

0 Workplace Complaints And Manager’s Responsibilities

Managers can be held vicariously liable if they are aware that potentially unlawful behaviour (like bullying, sexual harassment, theft etc) is occurring and they do nothing to address the situation.

No Manager should ever agree to accept a complaint as a confidential discussion.

0 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 webinar on managing personality conflicts at work.

0 Do You Need A Workplace Mediation Or An Investigation?

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 letter and the nature of the allegations.

Sometimes when the word bullying is used people think automatically that it has to be a formal investigation because bullying is a very serious incident, if it is occurring. But many people are now using the words bullying and harassment without really understanding what they mean.