How To Conduct An Effective Investigation

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

Need to correct a toxic workplace culture? Or want to take the pulse of your workforce? Conducting a culture review is a vital first step. Reviews into workplace culture, parliamentary committees and industry or workplace specific examinations such as the Set the Standard Report and the WA Parliament’s inquiry into sexual harassment in the FIFO mining industry

Consider a scene often encountered in workplace investigations: two parties involved offering conflicting accounts. No witnesses. No other direct evidence available. The classic ‘one person’s word against another’ scenario. How do you resolve the conflict? Is plausibility a legitimate factor to help choose between competing versions? A recent FWC decision has highlighted the role of

Workplace investigations are underpinned by the general legal principles that are owed by an employer to an employee, the most significant of which is ensuring procedural fairness. One of the elements of procedural fairness is the impartiality of the investigator. This article will discuss challenges faced by organisations and investigators when attempting to conduct an

On 30 November 2021, the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) released a new report (the Report) that should serve as a wake-up call for all organisations, and a model for those with the courage to identify and begin to address cultural issues in their workplace. VEOHRC’s Review into Workplace Equality in Ambulance

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