Workplace investigations are underpinned by the general legal principles that are owed by an employer to an employee, the most significant of which is ensuring procedural fairness. One of the elements of procedural fairness is the impartiality of the investigator. This article will discuss challenges faced by organisations and investigators when attempting to conduct an […]
How To Conduct An Impartial Workplace Investigation Read More »
On 30 November 2021, Sex Discrimination Commissioner Kate Jenkins handed down the Australian Human Rights Commission’s (AHRC) report following its Independent Review into Commonwealth Parliamentary Workplaces (the Report). The Report found that 77% of people in Commonwealth Parliamentary Workplaces (CPWs) had either experienced, witnessed or heard about bullying, sexual harassment and/or actual or attempted sexual
What does the obligation on employers to conduct timely workplace investigations mean in the COVID-19 environment? Employers are dealing with a myriad of critical business issues in response to COVID-19, including significant changes to working conditions, potential shutdowns and staff cuts. While it is well established that employers have an obligation to conduct timely investigations,
In light of the COVID-19 Pandemic, conducting workplace investigation interviews remotely by video or telephone will replace face-to-face interviews. This article highlights some tips and pitfalls to be avoided when conducting interviews remotely. While face-to-face interviews have always been preferable, remote interviews have been a regular occurrence for QWS workplace investigators for years. A method
The New Norm – Tips For Conducting Workplace Interviews Remotely Read More »
A medical student accused of serious sexual assault by a fellow student has successfully challenged an attempt by the Disciplinary Board of a university to hear and decide the allegations A final year medical student was notified by his university of allegations that he had sexually assaulted a fellow student during a clinical placement and
A recent FWC decision comments on what it takes to be a workplace investigator Key characteristics for a workplace investigator have been described in a recent Fair Work Commission (FWC) unfair dismissal case. A male employee lodged an unfair dismissal claim after being sacked for making a sexually offensive comment to colleagues, and for repeating
What it takes to be a workplace investigator: ‘Wilting flowers’ need not apply Read More »
