How To Conduct An Effective Investigation

On 30 November 2021, Sex Discrimination Commissioner Kate Jenkins handed down the Australian Human Rights Commission’s (AHRC) report following its Independent Review into Commonwealth Parliamentary Workplaces (the Report). The Report found that 77% of people in Commonwealth Parliamentary Workplaces (CPWs) had either experienced, witnessed or heard about bullying, sexual harassment and/or actual or attempted sexual […]

Recent cases in which claims for legal professional privilege (LPP) have been upheld over investigation documents have revealed some useful tips for maintaining a claim of LPP in a workplace investigation. What is LPP? LPP protects a party from being compelled to disclose confidential communications between a lawyer and client (and a third party in

Famously dubbed the ‘defamation capital of the world’1, Australia is renowned for its ubiquitous embrace of defamation law and litigation. Between 2014 and 2018, Australia had twice as many libel claims as the United Kingdom, despite having less than half the UK’s population2. Though rare, workplace investigations are not immune to the risk of defamation

The Human Rights Act 2019 (Qld) came into effect in January 2020, bringing with it a swathe of protections for human rights in Queensland’s public sector. The Act aims to protect and promote human rights by requiring public entities to act and make decisions in a way that is compatible with human rights. So what

More and more, employers are embarking on a workplace review instead of a full-blown investigation, when trying to map a course through team conflict or where ‘noise’ of misconduct keeps surfacing. While a workplace investigation will normally focus on a single complaint, a review allows you to gain a broader view of what is going

On 2 September 2021, legislative changes were passed to reflect recommendations made in the Respect@Work National Inquiry Report of March 2020.  These amendments are aimed at strengthening and simplifying the existing legal frameworks protecting workers from sexual harassment and sex discrimination in the workplace.  In this article, we explore some key implications for workplace investigators

What does the obligation on employers to conduct timely workplace investigations mean in the COVID-19 environment? Employers are dealing with a myriad of critical business issues in response to COVID-19, including significant changes to working conditions, potential shutdowns and staff cuts. While it is well established that employers have an obligation to conduct timely investigations,