Trends and Insights

Case review | Regulators have their eye on psychosocial risks in workplace investigations

A fabricated text message was pivotal in a recent unfair dismissal case in the Fair Work Commission (FWC). The case, which went to appeal, provided a number of learnings for investigators and employers.

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What’s the point of a workplace review? Aren’t they a bit ‘woo woo’? 

KEY TAKEAWAYS:  A workplace review is a diagnostic tool that can provide an independent, evidence-based assessment of a workplace culture and deliver actionable insights that go beyond standard employee surveys. A workplace review forms part of an organisation’s risk assessment processes. Organisations use reviews both reactively (such as addressing anonymous complaints and high staff turnover)

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Five-point guide on the collection and use of surveillance evidence in workplace investigations

KEY TAKEAWAYS: 1. Quality surveillance evidence can be valuable in workplace investigations, providing: independent and direct records of incidents precise timing and identification of witnesses high reliability compared to witness recollection 2. Surveillance evidence can also have important limitations, including: storage and retention constraints legal compliance requirements quality and visibility issues resource costs for extensive

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What’s trending in workplace investigations and what’s the outlook for 2025?

KEY TAKEAWAYS: Five key workplace investigation trends dominated 2024 and developments to watch in 2025: Workplace investigations and internal investigation teams on the rise | 2025 outlook: demand will continue Increased involvement of WHS teams in sexual harassment and bullying investigations | 2025 outlook: cooperation between HR and WHS will be critical, particularly as workplace

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Surveillance evidence in workplace investigations: New technologies and evolving law reform  

KEY TAKEAWAYS: the types of workplace surveillance – such as wearable cameras, fingerprint or eye scanners, employee activity or logging monitoring – has exploded since COVID and with rapid advances in technology employers have a responsibility to provide a safe workplace and safeguard their employees’ right to privacy it is helpful for workplace investigators to:

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Psychosocial hazards and workplace investigations

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

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Five golden lessons for workplace investigators: Learnings from recent Commission decisions

KEY TAKEAWAYS: Recent decisions by Australia’s national Fair Work Commission (FWC) and state-based Tribunals and Commissions highlight five fundamental practices that investigators need to get right to conduct effective workplace investigations. 1| It goes without saying, procedural fairness is paramount and includes: acting quickly progressing investigations promptly holding separate witness interviews presenting clearly drafted allegations

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AFL players contesting a ball

PART 3 | Beyond the scoreboard: Considerations for sporting boards and committees

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

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