Y v Hai Di Lao Melbourne Proprietary Limited [2024] FWC 3313 KEY TAKEAWAYS: A recent unfair dismissal case in the Fair Work Commission (FWC): is a reminder for investigators that not every instance of inappropriate conduct in the workplace will rise to the level of misconduct reinforces the importance of having clear complaints handling and […]
E v Vision Australia Ltd [2024] HCA 50 KEY TAKEAWAYS: The landmark High Court case on contractual damages centred on an employee suing his employer for damages for a psychiatric injury he sustained after his employment was unfairly terminated for misconduct. The Court relevantly held that: employees can potentially recover significant damages for psychiatric injuries
KEY TAKEAWAYS: The fundamentals of an effective workplace investigation are the same for sports clubs, associations and representative bodies as they are for any employer. This nine-point plan reviews investigation fundamentals through a sporting lens: clear protocols – the investigation and disciplinary process should be independent of each other, undertaken by different roles within a
Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369 The Lehrmann judgment provides a rare masterclass in how to apply the civil standard of proof to allegations involving potential criminal conduct. KEY TAKEAWAYS: Assessing credit in cases of sexual assault requires careful consideration of trauma and its well-established impacts on memory. Witness evidence is
Case review: 7 lessons from Lehrmann v Network Ten Read More »
KEY TAKEAWAYS Sports-related workplace investigations: Understand how misconduct matters are handled between related national, state and local sporting organisations Implement confidential reporting mechanisms and fair complaint handling processes to ensure individuals feel safe reporting concerns when they arise Undertake ongoing education and training programs to empower individuals to recognise, report and investigate misconduct effectively Prioritise
PART 3 | Beyond the scoreboard: Considerations for sporting boards and committees Read More »
KEY TAKEAWAYS Understand the differences between laws governing public and private sector whistleblower disclosures limited exceptions permit disclosure of a whistleblower’s identity, such as when a complainant consents, or under certain Public Interest Disclosure (PID) laws for procedural fairness reasons Achieving the dual priorities of procedural fairness and protecting a whistleblower’s identity during a workplace
Case note: Protecting a whistleblower’s identity is paramount, except when …. Read More »
Momirovski, Douglas, Serafini, Naumcevski, Egan [2023] FWC 3299 (8 December 2023) A recent Fair Work Commission decision serves as a reminder that ‘tone and context is everything in many interactions at work’ and cautioned against being too quick to label behaviour as bullying without acknowledging that employees are ‘not angels’. Workplace investigators are often asked
No angels here: A reminder from the FWC not to set the bar for bullying too low Read More »
Culture Reviews have increasingly become one of the key tools in the workplace toolbox for exploring ‘noise’ within an organisation or team. Whether in response to a series of informal concerns, anonymous whistleblowers, conflicts and tensions, or other symptoms such as low morale or high turnover within a team, a well-conducted Culture Review can provide
The positive duty on organisations and businesses to take ‘reasonable and proportionate measures’ to eliminate sexual harassment will become enforceable by the Australian Human Rights Commission from 12 December 2023. The recent publication of Commission Guidelines on the positive duty has many people questioning how this duty might alter the conduct of workplace investigations into
Sexual harassment: How does the ‘positive duty’ impact workplace investigations? Read More »
Waknin v Servcorp Administration Pty Ltd [2023] FedCFamC2G 634 (19 July 2023) When weighing two conflicting accounts in a workplace investigation, investigators should consider plausibility and seek to corroborate each party’s version of events. A recent adverse action case highlights the difficulties inherent in making findings of fact when faced with two conflicting accounts about
