How To Conduct An Effective Investigation

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

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.

As workplace investigators, we have observed a rise in reports of witnessed or suspected inappropriate conduct, particularly sexual harassment. Bystanders, peers and leaders frequently report instances of sexual harassment in circumstances where an impacted person has not personally made a complaint. This increase in bystander complaints is consistent with workplace policies imposing bystander reporting obligations

As workplace investigators, we are acutely aware of the importance of conducting a procedurally fair and thorough investigation. The recent case of Crook v CITIC Pacific Mining Management Pty Ltd [2023] FWC 2446 (22 September 2023) reinforces the importance of a procedurally fair investigation process. The complaint The Applicant was employed by CITIC as a

Culture Reviews have increasingly become one of the key tools in the workplace toolbox for exploring ‘noise’ within an organisation or team. Whether in response to a series of informal concerns, anonymous whistleblowers, conflicts and tensions, or other symptoms such as low morale or high turnover within a team, a well-conducted Culture Review can provide

The positive duty on organisations and businesses to take ‘reasonable and proportionate measures’ to eliminate sexual harassment will become enforceable by the Australian Human Rights Commission from 12 December 2023. The recent publication of Commission Guidelines on the positive duty has many people questioning how this duty might alter the conduct of workplace investigations into

Waknin v Servcorp Administration Pty Ltd [2023] FedCFamC2G 634 (19 July 2023) When weighing two conflicting accounts in a workplace investigation, investigators should consider plausibility and seek to corroborate each party’s version of events. A recent adverse action case highlights the difficulties inherent in making findings of fact when faced with two conflicting accounts about

Almost all workplace investigations involve a breakdown in a relationship to some degree; whether that be an explosive end to a workplace romance or friendship, or a breakdown in professional and courteous communication between peers. The breakdown of a workplace romance presents unique challenges and provides fertile ground for workplace conflict. Investigating complaints arising from