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 »
Applications for orders to stop bullying by Banfield and Stolz [2026] FWC 717. This Fair Work Commission case confirms that confrontational or condescending communication will not always constitute workplace bullying within the meaning of the Fair Work Act 2009 (Cth).
Case review | When confronting communication is not bullying 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 »
Souza-Connell v Virgin Australia Airlines Pty Ltd [2026] FWC 1572. In this decision, Virgin Australia was required under its enterprise agreement to hand over witness interview records and statements relied on to formulate misconduct allegations – a timely reminder about investigation clause drafting.
Case review | What documents must an employer disclose during a workplace investigation? Read More »
Being trauma-informed is no longer best practice in workplace investigations – it is fundamental practice. A trauma-informed approach seeks to minimise harm to participants and improve the reliability of information, requiring patience, preparation and thoughtful communication rather than clinical expertise.
Why trauma-informed investigations matter – from first contact to final outcome Read More »
Secretary, NSW Department of Education v SafeWork NSW (No 2). This NSW Industrial Relations Commission decision shows that safety regulators are enforcing duties on employers to keep employees safe from psychological harm during workplace investigations, with improvement notices issued to address psychosocial risks.
Making findings is often the most demanding stage of an investigation and the point where investigations are most at risk of going wrong. This article draws on insights from more than 1,500 investigations and case law to provide practical guidance on making findings that withstand scrutiny.
Making defensible findings of fact that stand up to scrutiny Read More »
Paladino v The University of Melbourne [2026] FWC 559. This Fair Work Commission decision is a reminder that a thorough investigation cannot rescue a disciplinary process built on a weak evidentiary foundation, that fails to put all allegations to the employee, or that substitutes for performance management conversations.
Understanding neurodiversity is part of a person-centred and procedurally fair approach to workplace investigations. Investigators can support neurodivergent participants through clear communications, flexible scheduling, sensory-friendly environments and extra processing time in interviews.
Accommodating neurodiverse participants in workplace investigations 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 »