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 […]
Case note: Falling asleep on procedural fairness Read More »
KEY TAKEAWAYS Understand the differences between laws governing public and private sector whistleblower disclosures limited exceptions permit disclosure of a whistleblower’s identity, such as when a complainant consents, or under certain Public Interest Disclosure (PID) laws for procedural fairness reasons Achieving the dual priorities of procedural fairness and protecting a whistleblower’s identity during a workplace
Case note: Protecting a whistleblower’s identity is paramount, except when ….
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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
Managing a sexual harassment workplace investigation alongside a police investigation Read More »
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
PART 2 | The game plan: Who is responsible for investigating a complaint? Read More »
Australia is a passionate sporting nation. We love our teams and revere our athletes. The social values that sport embodies – such as fair play, teamwork and inclusivity – are central to our national culture and identity. This public fervour intensifies the pressure on, and scrutiny of, the culture, behaviour and conduct of sporting organisations,
Australian workplaces, like our communities, are becoming more culturally diverse. About 350 languages are spoken in Australia, with almost a quarter of all residents speaking a language other than English at home1. Therefore, there is a high likelihood investigators will face language barriers in the conduct of their work. This will impact how they gather
Momirovski, Douglas, Serafini, Naumcevski, Egan [2023] FWC 3299 (8 December 2023) A recent Fair Work Commission decision serves as a reminder that ‘tone and context is everything in many interactions at work’ and cautioned against being too quick to label behaviour as bullying without acknowledging that employees are ‘not angels’. Workplace investigators are often asked
No angels here: A reminder from the FWC not to set the bar for bullying too low Read More »
Work Christmas parties are a time for employees to celebrate, reflect and bond. We see organisations becoming increasingly diligent with putting in place processes to create fun, safe and respectful Christmas parties. Unfortunately, the ‘silly season’ can sometimes lead to poor decisions and inappropriate conduct when Christmas parties, alcohol and co-workers are in the mix.
