How To Conduct An Effective Investigation

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 types of workplace surveillance – such as wearable cameras, fingerprint or eye scanners, employee activity or logging monitoring – has exploded since COVID and with rapid advances in technology employers have a responsibility to provide a safe workplace and safeguard their employees’ right to privacy it is helpful for workplace investigators to:

KEY TAKEAWAYS: a poorly handled workplace investigation can pose a psychosocial risk to participants and investigators psychological harm to participants can be mitigated by five key workplace investigation practices: 1. ensuring procedural fairness 2. taking a trauma-informed and person-centred approach 3. providing support to all participants 4. conducting investigations in a timely manner 5. closing

KEY TAKEAWAYS: many business leaders are either unaware of the psychosocial risks associated with workplace investigations or unsure how to manage them, according to a global survey two key psychosocial risks present in a workplace investigation are: the content of the complaint; and the investigation process key workplace investigation controls identified in the Model Code

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

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

KEY TAKEAWAYS Consider: where an internal workplace investigation team should be located, based on organisational resources and context, such as within an existing function like HR, or in a stand-alone unit the size of team required to deliver timely investigation findings the skillsets required for the type of complaints regularly investigated reporting lines and maintaining

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