How To Conduct An Effective Investigation

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

Gardner v Piacentini & Son [2024] FWC 211 KEY TAKEAWAYS Procedural fairness: an employee is to be provided with an opportunity to respond to the details of any allegations before factual findings are made a show cause meeting, held after the employer has decided to substantiate misconduct allegations, does not provide an employee with sufficient

KEY TAKEAWAYS Know: the relevant professional standards applicable mandatory reporting obligations Consider: consent to interview minors the need for support persons or other cultural advisors in interviews the suitability and privacy of interview locations Manage: real and perceived conflicts of interest between witnesses, the complainant and respondent confidentiality by limiting the number of witnesses interviewed

KEY TAKEAWAYS Prioritise: the safety and wellbeing of all employees, including any impacted persons securing and preserving evidence, particularly time-sensitive CCTV footage Consider: the wishes of the impacted person, in particular whether they want the complaint reported to police whether the employer is legally required to report the conduct to police Communicate: regularly with police

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

Australian sport finds itself grappling with a wave of integrity and misconduct allegations both on and off the field. In recent weeks alone, numerous incidents have come to light, including a racist slur made by an NRL player towards another player during the season opening match, and legal action by several former Aboriginal and Torres