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Case note: Protecting a whistleblower’s identity is paramount, except when ….


Case Reviews, How To Conduct An Effective Investigation, Investigating Whistleblower Complaints / By

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 ….
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Road sign saying 'common sense' next exit

Case note: Common sense trumps policy awareness, but procedural fairness trumps them both

Case Reviews, How To Conduct An Effective Investigation / By

In the matter of St Marys Rugby League Club Ltd – [2024] FWC 246 (30 January 2024) The findings and observations published in a recent Fair Work Commission (FWC) decision offer a timely reminder for legal, HR and HSE advisors, and workplace investigators of the importance of procedural fairness and the need for common sense

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No angels here: A reminder from the FWC not to set the bar for bullying too low

Case Reviews, Complaint Types, How To Conduct An Effective Investigation / By

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

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Case review: the tricky business of weighing conflicting accounts – the importance of corroborative evidence

Case Reviews, How To Conduct An Effective Investigation / By

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

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