Witnesses to repeated conduct generally use more uncertain language than witnesses to single events. This article explores why and how investigators must adjust their interviewing approach and credibility assessments accordingly, particularly in bullying matters.
The challenge of repeated conduct allegations: What updated research tells us Read More »
Workplace bullying accounts for 33 per cent of Australia’s 16,800 annual mental stress workers’ compensation claims, and legal remedies for affected workers are expanding. This practical guide covers allegation drafting, evidence assessment, and the threshold of repeated unreasonable behaviour creating a real risk to health and safety.
Workplace bullying investigations: A practical guide for investigators Read More »
Loquias v The Star Entertainment Group and Dwyer [2026] QIRC 023. This Queensland Industrial Relations Commission decision highlights that criminal convictions relevant to workplace conduct can be given substantial weight, and that employers can investigate conduct outside the workplace as part of risk management.
Case review | Learnings from a recent QIRC sexual harassment decision Read More »
As psychosocial safety regulations evolve across Australia, the intersection between workplace misconduct and safety investigations continues to increase. Organisations that understand the fundamental differences between these investigation types and develop clear protocols are better positioned to meet their legal obligations.
Misconduct vs safety investigations in the workplace: Navigating the tensions Read More »
A fabricated text message was pivotal in a recent unfair dismissal case in the Fair Work Commission (FWC). The case, which went to appeal, provided a number of learnings for investigators and employers.
Case review | Digital deception leads to dismissal Read More »
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
Case review | Bullying not always ‘serious misconduct’ Read More »
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
Case review | Workplace fight investigation fails to consider self-defence Read More »
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
Case review | Mining safety, mobile phones and the power of video evidence Read More »
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
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