A recent unfair dismissal case in the Fair Work Commission has highlighted the importance of a flawless investigation process to an organisation when defending a claim for unfair dismissal. A Westpac Mobile Lending Manager with an ‘unblemished’ record over six years with the Bank, was terminated following an investigation into alleged breaches of policy. The […]
A recent case highlights the danger of inadvertently waiving legal privilege over an investigation report. The Fair Work Commission rejected a City Council’s claim that an investigation report be withheld on grounds of legal privilege. The Council engaged a law firm to conduct a workplace investigation into concerns raised by an employee about potential bullying […]
http://qworkplace.com.au/wp-content/uploads/2016/06/QWorkplaceLogo.png00Rachael Lancasterhttp://qworkplace.com.au/wp-content/uploads/2016/06/QWorkplaceLogo.pngRachael Lancaster2018-12-01 04:43:572019-02-25 23:56:41Risky business – waiver of privilege over investigation report
The Fair Work Commission has considered whether an independent investigation report can be relied upon by an employer to defend an unfair dismissal claim. Toyota Motor Corporation Australia dismissed a Paint Shop supervisor with over 20 years’ service after an independent investigator found that the supervisor had acted inappropriately. His alleged inappropriate behaviour included failing […]
Fair Work Commission Finds Employer’s Investigation Processes Lacking in Fairness, Reinstates Worker Gosek v Illawarra Coal Holdings Pty Limited T/A South 32 [2017] FWC 4574 (3 November 2017) In a recent decision the Fair Work Commission ordered the reinstatement of an electrical technician after it found an internal investigation was procedurally unfair because (amongst other […]
The Courts have recently recognised that employers may owe a duty of care to employees during the course of a workplace investigation. In Hayes v State of Queensland [2016] QCA 191, the Queensland Court of Appeal held that an employer may owe a duty of care to support an employee during the course of an […]
http://qworkplace.com.au/wp-content/uploads/2016/06/QWorkplaceLogo.png00Rachael Lancasterhttp://qworkplace.com.au/wp-content/uploads/2016/06/QWorkplaceLogo.pngRachael Lancaster2017-10-03 09:00:292018-08-10 03:11:08Do Employers Owe a Duty of Care to Employees when Undertaking an Investigation?
With the rise in use of smartphones and other technology, the Fair Work Commission (FWC) and the courts are increasingly being called upon to consider surveillance and secret recordings in the workplace. Privacy laws do not prohibit employers using surveillance to monitor employees in the workplace, as long as such surveillance is done with the […]
The use of social media platforms has grown exponentially over the past decade, and their use is now common not only amongst individuals, but also in the business world. These developments raise questions for employers as to whether they have the right to access employee’s social media activity. Recently the courts had to consider whether […]
http://qworkplace.com.au/wp-content/uploads/2016/06/QWorkplaceLogo.png00Rachael Lancasterhttp://qworkplace.com.au/wp-content/uploads/2016/06/QWorkplaceLogo.pngRachael Lancaster2016-10-30 23:37:282018-02-13 06:04:54Social Media and Employee Privacy
What steps can an employer take to successfully claim legal professional privilege over an investigation report? See our article published in the Law Society of NSW Journal May 2016, for a discussion of the recent Kirkman v DP World decision, and practical measures that can be taken to assist in structuring a workplace investigation to […]
http://qworkplace.com.au/wp-content/uploads/2016/06/QWorkplaceLogo.png00Kerry Richardshttp://qworkplace.com.au/wp-content/uploads/2016/06/QWorkplaceLogo.pngKerry Richards2016-05-06 04:40:312018-02-13 06:04:59Tips for Claiming Legal Professional Privilege
The case of Vega Vega v Hoyle & Ors, (1) an application for judicial review in the Queensland Supreme Court, considered questions of procedural fairness in the context of statutory powers conferred by Queensland’s Hospital and Health Boards Act 2011. Background A law firm was engaged to provide legal advice to Queensland Health on the suspension […]
http://qworkplace.com.au/wp-content/uploads/2016/06/QWorkplaceLogo.png00Kerry Richardshttp://qworkplace.com.au/wp-content/uploads/2016/06/QWorkplaceLogo.pngKerry Richards2015-09-15 05:33:012018-02-13 06:05:05Procedural fairness: why workplace investigators need to take special care
For the first time in Australian legal history, Parliament has introduced and passed a specific jurisdiction to address workplace bullying. From 1 January 2014, the Fair Work Commission (FWC) will be able to hear applications from workers who allege they have been bullied in the workplace. This paper considers the potential impact of this new […]
‘Defective investigation’ makes dismissal unfair
/in News & Articles /by Rachael LancasterA recent unfair dismissal case in the Fair Work Commission has highlighted the importance of a flawless investigation process to an organisation when defending a claim for unfair dismissal. A Westpac Mobile Lending Manager with an ‘unblemished’ record over six years with the Bank, was terminated following an investigation into alleged breaches of policy. The […]
Risky business – waiver of privilege over investigation report
/in News & Articles /by Rachael LancasterA recent case highlights the danger of inadvertently waiving legal privilege over an investigation report. The Fair Work Commission rejected a City Council’s claim that an investigation report be withheld on grounds of legal privilege. The Council engaged a law firm to conduct a workplace investigation into concerns raised by an employee about potential bullying […]
Investigation Report admitted into evidence despite being ‘hearsay’
/in News & Articles /by Rachael LancasterThe Fair Work Commission has considered whether an independent investigation report can be relied upon by an employer to defend an unfair dismissal claim. Toyota Motor Corporation Australia dismissed a Paint Shop supervisor with over 20 years’ service after an independent investigator found that the supervisor had acted inappropriately. His alleged inappropriate behaviour included failing […]
Fair Work Commission Finds Employer’s Investigation Processes Lacking in Fairness, Reinstates Worker
/in News & Articles /by Rachael LancasterFair Work Commission Finds Employer’s Investigation Processes Lacking in Fairness, Reinstates Worker Gosek v Illawarra Coal Holdings Pty Limited T/A South 32 [2017] FWC 4574 (3 November 2017) In a recent decision the Fair Work Commission ordered the reinstatement of an electrical technician after it found an internal investigation was procedurally unfair because (amongst other […]
Do Employers Owe a Duty of Care to Employees when Undertaking an Investigation?
/in News & Articles /by Rachael LancasterThe Courts have recently recognised that employers may owe a duty of care to employees during the course of a workplace investigation. In Hayes v State of Queensland [2016] QCA 191, the Queensland Court of Appeal held that an employer may owe a duty of care to support an employee during the course of an […]
Surveillance and Secret Recordings
/in News & Articles /by Rachael LancasterWith the rise in use of smartphones and other technology, the Fair Work Commission (FWC) and the courts are increasingly being called upon to consider surveillance and secret recordings in the workplace. Privacy laws do not prohibit employers using surveillance to monitor employees in the workplace, as long as such surveillance is done with the […]
Social Media and Employee Privacy
/in News & Articles /by Rachael LancasterThe use of social media platforms has grown exponentially over the past decade, and their use is now common not only amongst individuals, but also in the business world. These developments raise questions for employers as to whether they have the right to access employee’s social media activity. Recently the courts had to consider whether […]
Tips for Claiming Legal Professional Privilege
/in News & Articles /by Kerry RichardsWhat steps can an employer take to successfully claim legal professional privilege over an investigation report? See our article published in the Law Society of NSW Journal May 2016, for a discussion of the recent Kirkman v DP World decision, and practical measures that can be taken to assist in structuring a workplace investigation to […]
Procedural fairness: why workplace investigators need to take special care
/in News & Articles /by Kerry RichardsThe case of Vega Vega v Hoyle & Ors, (1) an application for judicial review in the Queensland Supreme Court, considered questions of procedural fairness in the context of statutory powers conferred by Queensland’s Hospital and Health Boards Act 2011. Background A law firm was engaged to provide legal advice to Queensland Health on the suspension […]
Investigating Bullying – the New Anti-Bullying Regime
/in News & Articles /by Kerry RichardsFor the first time in Australian legal history, Parliament has introduced and passed a specific jurisdiction to address workplace bullying. From 1 January 2014, the Fair Work Commission (FWC) will be able to hear applications from workers who allege they have been bullied in the workplace. This paper considers the potential impact of this new […]