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 […]
Psychosocial hazards and workplace investigations Read More »
Aurizon Operations Limited v Cameron Webb [2024] FWCFB 318 KEY TAKEAWAYS: Enterprise Agreements often stipulate how investigation and disciplinary processes should be undertaken and what information must be kept confidential. A dispute concerning whether an employee facing potential termination was entitled to a copy of the investigation report was heard by the Full Bench of
Case review | Enterprise Agreements, workplace investigations and investigation reports 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
Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCAÂ 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
Case review: Seven lessons from Lehrmann v Network Ten Read More »
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
Setting up an internal workplace investigation team for success Read More »
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
PART 3 | Beyond the scoreboard: Considerations for sporting boards and committees Read More »
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
The ABC of workplace investigations in schools Read More »
