Best Practice Templates For Your Next Investigation

K v P [2024] FWC 2753 This recent Fair Work Commission (FWC) decision provides a clearly reasoned reminder that secretly recording a workplace conversation without justification, is highly inappropriate and can provide a valid reason for dismissal. KEY TAKEAWAYS: A secret workplace recording: is likely to be contrary to the duty of good faith and […]

KEY TAKEAWAYS: Recent decisions by Australia’s national Fair Work Commission (FWC) and state-based Tribunals and Commissions highlight five fundamental practices that investigators need to get right to conduct effective workplace investigations. 1| It goes without saying, procedural fairness is paramount and includes: acting quickly progressing investigations promptly holding separate witness interviews presenting clearly drafted allegations

Singtel Optus Pty Ltd v Robertson [2024] FCAFC 58 KEY TAKEAWAYS: A forensic investigation report commissioned by national telecommunications company Optus into a cyber attack in 2022 became the centre of a dispute over legal professional privilege (LPP). The Full Court of the Federal Court of Australia upheld a primary Judge’s determination that the report

KEY TAKEAWAYS: workplace investigators are in high demand lawyers with strong people skills make good workplace investigators the role of the workplace investigator is to get to the heart of a complaint or dispute – to gather evidence, establish the facts, and make legally defensible findings the work is diverse, interesting, intellectually-challenging, sometimes confronting, but

It’s that time of year again, and amongst all the end-of-year functions and holiday preparations, it is a good time to reflect on the lessons from 2023 for workplace investigations and look towards what may be on the horizon in 2024. Here are some trends our team has noticed over the last 12 months and

It is easy to fall into the trap of thinking that trauma-informed principles only need to be front of mind during complainant interviews involving allegations of sexual harassment.  In practice, we find that trauma-informed interviewing techniques can be helpful in any emotionally charged interview, including interviews with witnesses and respondents. Trauma-informed techniques are especially applicable

“Time for respect: Fifth national survey on sexual harassment in Australian workplaces” was released by the Sex Discrimination Commissioner Kate Jenkins last week, giving us a clear message that rates of sexual harassment in our workplaces remain unacceptably high. The Report shows that one in three people experienced workplace sexual harassment in the past five

As workplace investigators, our role is to make findings of fact. Every interviewee brings their own unique cultural perspective and interpretation of the facts to an interview.  In being respectful, understanding, and responsive to all interviewees’ cultural backgrounds we can ensure they are fully understood, interviews are more productive, fair and achieve more effective fact-finding.

Respect@Work – National Inquiry into Sexual Harassment in Australian Workplaces by the Australian Human Rights Commission. What was the inquiry about? In March 2020, following an 18-month inquiry, Sex Discrimination Commissioner Kate Jenkins handed down the Australian Human Rights Commission’s report of the National Inquiry into Sexual Harassment in Australian Workplaces, Respect@Work. The Commission was