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
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
Bystander reports of sexual harassment: What about the wishes of the impacted person? Read More »
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
Fair play at work: the importance of procedural fairness in workplace investigations Read More »
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
It is easy to fall into the trap of thinking that trauma-informed principles only need to be front of mind during complainant interviews involving allegations of sexual harassment. Â In practice, we find that trauma-informed interviewing techniques can be helpful in any emotionally charged interview, including interviews with witnesses and respondents. Trauma-informed techniques are especially applicable
Interviewing with sensitivity: 10 trauma-informed interviewing techniques Read More »
As workplace investigators, our role is to make findings of fact. Every interviewee brings their own unique cultural perspective and interpretation of the facts to an interview. In being respectful, understanding, and responsive to all interviewees’ cultural backgrounds we can ensure they are fully understood, interviews are more productive, fair and achieve more effective fact-finding.
Ten tips for a culturally responsive interview Read More »
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
How To Handle Conflicting Accounts In A Workplace Investigation Read More »
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
How To Conduct An Impartial Workplace Investigation Read More »