Complaint Types

Case review | Bullying not always ‘serious misconduct’

Frost v Ambulance Victoria [2025] FWCFB 94 KEY TAKEAWAY A Full Bench of the Fair Work Commission (FWC) has held that a finding of bullying in a workplace investigation will not automatically amount to serious misconduct for disciplinary purposes. It will be a question of degree. The case A paramedic challenged a disciplinary sanction transferring

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Case review | Workplace fight investigation fails to consider self-defence

Weule v Central Queensland Services [2025] FWC 1219 KEY TAKEAWAYS: This Fair Work Commission (FWC) case reinforces the importance of investigators: approaching workplace investigations with an open mind and maintaining genuine impartiality during the investigation process avoiding predetermined conclusions even when company policies appear clear-cut, particularly in relation to physical violence in the workplace thoroughly

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Case review | Mining safety, mobile phones and the power of video evidence

Katrina Saunders v Bengalla Mining Company Pty Ltd – [2025] FWC 658 KEY TAKEAWAYS: Video evidence proved crucial in a recent Fair Work Commission unfair dismissal case. The case offers the following key learnings for investigators: objective evidence like video footage can be decisive when employees deny allegations of wrongdoing, particularly if it is analysed

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Part 4 | Playing fair: The 9-point plan for effective workplace investigations in sports organisations

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

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Let’s yarn about culturally safe workplace investigations involving Aboriginal or Torres Strait Islander participants

KEY TAKEAWAYS: Cultural competency assess team and individual cultural maturity and capabilities, including awareness of conscious and unconscious bias consider engaging an Indigenous engagement advisor to educate and upskill staff, particularly on issues such as gender, shame, kinship, and power imbalances, and how to sensitively manage these issues during an investigation. Investigation planning ascertain if

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